Roger, you may be correct under industrial law, but overlook requirements peculiar to civil aviation and the functions and obligations of a commercial pilot engaged in air charter or RPT operations.
Torres,
I'd advise you as follows;
1. An AOC holder is required to insure liabilities in accordance with the Civil Aviation (Carrier's Liability) Act;
The Civil Aviation (Carriers' Liability) Act 1959 and subsequent amendments are not at all relevant to a contract for piloting services unless there's an included provision of the service agreement tending to relieve the carrier of it's liabilities under The Act, or to fix a lower limit than the appropriate limit of liability provided by The Act (in which case the contract provision wouldn't be binding anyway).
2. A "contract" pilot may not practice his trade in an independent manner, but must operate in accordance with each operators accepted Operations Manual.
A skilled contractor following the procedures of The Principal to a contract in the course of executed works is normal practice in any industry. Indeed, most of the provisions of any contract you may care to read are included to ensure that The Contractor works within provisions and guidelines outlined by The Principal and agreed to by both parties at the time the contract is entered into.
It's normally the whole point of any such contract, and I don't understand how your point is relevant in determining either the validity of the contract, nor whether the pilot is an emplyee or a contractor.
3. CAR and CAO requirements at least for air charter and RPT require greater than a casual relationship between an operator and pilot.
While I'm tempted to just write "Where?" it may be prudent to point out that a court most certainly would not consider a contracted relationship of an indefinite and regular nature to be "casual".
Anyway, your point is immaterial to any legal argument about whether the pilot is a contractor or an employee because we're merely discussing how often he provides the service, rather than the instrument of that provision.
It may be possible to engage a casual contract pilot for aircraft ferry, private or aerial work operations. I do not believe it possible to engage a casual contract pilot to conduct air charter or RPT operations.
Why? Note that I'm not being a smart arse, I'm genuinely interested in how you formed this opinion.
--------------
As a piece of final advice; Even if the contract was effected by any of your points above, it wouldn't automatically make the pilot an employee, and it wouldn't necessarily relieve either party from any or all of their contracted obligations.