Fair Work Act 2009
15KEffect of Chapter in determining whether a person is an employee or an employer
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15K Effect of Chapter in determining whether a person is an employee or an employer
For the purposes of ascertaining the real substance, practical reality and true nature of the relationship between an individual and a person for the purposes of determining:
(a) whether the individual is an employee of the person within the ordinary meaning of that expression; or
(b) whether the person is an employer of the individual within the ordinary meaning of that expression;
the effect upon the relationship of a minimum standards order, minimum standards guidelines or a collective agreement applying to, or covering, the individual or the person is to be disregarded.