Originally Posted by
ResBunny
Last night a poster on here wrote a post that if true would easily confirm the OP’s concerns.
By the time I went away n googled the company and it’s parent company’s annual report etc then came back, they’d perhaps thought better of it and removed their post - anyway it’s disappeared.
To that person I’d say there are actually ways to claw back entitlements, in a calm fair way, without incurring “five figure sums”. And still retain your respect and dignity in a tiny industry. PM me if you wish.
Allegedly, inter alia, without prejudice etc..
telling your employees that “they have to get ABNs and become independent contractors” seems like a clear path to a $66600 penalty - per pilot!!! And you’d still have to pay your pilots according to the award, so gain nothing.
Regards.
In real independent contractor arrangements, there is no "award". The contract price is the contract price agreed between the parties.
Awards apply to employees. A real independent contractor is not an employee.
And the operator doesn't have to pay compulsory super, PAYG tax, leave etc etc.
That's the
whole point of these arrangements.
In the case of air operators these arrangements are usually shams.
However, there are examples of 'real' independent contractor arrangements with pilots. I could, for example, enter a contract with a pilot to provide me with the service of flying me in my aircraft from A to B on Monday. That can be a completely legitimate independent contactor arrangement.
The contract says the pilot is providing me the service of flying me in my aircraft from A to B on Monday and the pilot is entirely responsible for the safe and lawful conduct of the flight. I have no power of supervision or control of the pilot's activities in that capacity, other than the nomination of the route and day. The contract says that the pilot is not, and must not represent him or herself as being, my employee or agent. The price I pay is whatever we negotiate and agree. Provided the pilot has given me his/her ABN, I pay the agreed contract price and that's that. These circumstances in no way create an employer/employee relationship between the pilot and me.