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A job advertisement asks you to obtain an Australian Business Number and submit invoices. Does that make you an independent contractor? Not by itself.

The Fair Work Ombudsman's guidance for young workers and students says you may still be an employee even if you have an ABN or the business describes you as a contractor. The distinction affects rights and responsibilities, so it is worth clarifying before the first shift.

Ask about the work, not only the label

Request a written explanation of the proposed arrangement. What work will you perform? Who sets the hours and directs it? What equipment will you supply? How will payment be calculated? Keep the advertisement, agreement and messages together.

These questions help document the arrangement; they are not a checklist that conclusively determines legal status. Different legal tests can apply depending on the business and circumstances. A single feature, such as invoicing, should not be treated as a definitive answer.

Keep records if the arrangement changes

If the job operates differently from what was promised, record what actually happens. Keep your hours, payment records and instructions, along with the written agreement. That gives an adviser something concrete to assess.

Fair Work's guide to possible misclassification explains what to gather and where to seek help. The Ombudsman can provide information but cannot make the final legal determination of whether someone is an employee or contractor.

Get advice before relying on an assumption

For a student new to Australian work, an unfamiliar label is a reason to ask questions. Take the documents to Fair Work, a union or a suitable workplace adviser rather than assuming an ABN removes employee protections or automatically creates them.

The accompanying Fair Work video tells Felipe's student workplace case study. It provides broader context about seeking help and workplace myths; it is not a ruling on contractor status.

About the author

Rullik

Clear, sourced explainers on Australia and the world

Rullik is the pen name of the founder of Australia Illuminate (Auslume). Rullik writes plain-language explainers on life in Australia, from immigration, study and work to money, sport and screen culture, always linking to the official sources behind each story. Every story is reviewed before publication.

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