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Is a contractor entitled to superannuation?

Contractors paid mainly for their labour are employees for superannuation guarantee purposes. This is the case even if the contractor quotes an Australian Business Number (ABN).

You must make super contributions for these individuals if you pay them:

  • under a verbal or written contract that is wholly or principally for their labour – that is, more than half the dollar value of the contract is for their labour
  • for their personal labour and skills – which may include physical labour, mental effort or artistic effort – and not to achieve a result
  • to perform the contract work personally – that is, they must not delegate.
  • If you make a contract with someone other than the person who'll actually provide the labour – for example, with a company, trust or a partnership – you don't pay that person super.

Online Tools: To determine whether a contractor is entitled to superannuation there are online tools available to assist via the ATO website - https://www.ato.gov.au/Business/Super-for-employers/Working-out-if-you-have-to-pay-super/Contractors/

Further Questions? Contact the Landcare Employment Referral Service on 1300 302 232.

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