Prior to engaging a Contractor, it is essential to obtain the necessary information to determine if it is appropriate to engage them as a Contractor.
Note: all teaching and related roles, including marking, must be paid via a HR Employment Contract, this includes but is not limited to teaching undergraduate and post graduate courses, short courses and certificate courses.
The following information describes the process for Contractor Management.
2020 Expenditure Controls - engaging contractors / consultants
Given the impact to the University’s budgeted revenue, arising from the unprecedented COVID-19 situation, the University has implemented a number of spending controls with additional approvals required for the engagement of contractors and consultants.
- Who is a Contractor?
For the purposes of this Contractor Management process, a Contractor is anyone engaged by the University in an activity which involves a labour component performed in Australia, or performed by Australian residents overseas and will invoice for work done for payment via Accounts Payable.
- Includes: Consultants, Entertainers
- Excludes: Labour hire agencies and contracts for materials only.
- Excludes: Larger organisations with multiple employees who would cover the statutory obligations for those employees
- Why introduce Contractor Management?
The University has legal obligations in relation to:
- Sham Contracting - Contractor vs Employee
- Payroll Tax (PRT)
- Workers Compensation
- What do I need to do?
Information about the Contractor must be obtained by the local area PRIOR to engagement. A flowchart has been development to assist you in the process.
- Contractor Questionnaire - completed by the Contractor
- Contractor Assessment Tool - for individuals / sole traders to be completed by the person engaging the Contractor.
- Once the outcome has been determined, raise a Purchase Order - if the total cost is $20,000 or over, you must engage Strategic Procurement or seek an Exemption, refer to the Procurement Process.
Conflict of Interest - where there is an actual, potential or perceived conflict of interest, a Disclosure of a Conflict of Interest Form must be completed. Refer to the Conflict of Interest procedure or further information.
Decision: Contractor vs Employee
It may be clear from the responses on the forms that an employee relationship exists, and that a HR Employment Contract needs to be set up.
If not clear, forward copies of the forms and a brief description of the work to be done to firstname.lastname@example.org. The forms will be reviewed, and external advice sought if needed.
If PRT, Superannuation or Workers Compensation applies, you will be advised that a HR Employment Contract must be set up or it may be more appropriate to engage via a labour hire agency.
If the arrangement is found to be a genuine contracting arrangement with no PRT, Superannuation or Workers Compensation applicable, the local area would be advised to proceed to a Consultancy Services Agreement and raise a Requisition in ePro.