Thesis
Independent and Dependent Contracting in Australia: Characterisation and Regulatory Protection
Masters by Research, Murdoch University
2026
DOI:
https://doi.org/10.60867/00000151
Abstract
This thesis examines the development of common law and legislative frameworks for the characterisation of dependent contractor arrangements. It situates these developments within the rapidly changing nature of modern work. As labour markets have transformed, jurisdictions worldwide have been compelled to reconsider the traditional dichotomy between employees and independent contractor relationships. This traditional dichotomy of employee or independent contractor relationships is increasingly failing to capture the reality of workers. These are individuals who are formally engaged as independent contractors; however, whose actual nature shares many characteristics of employees and an economic dependency akin to employment. In particular, this thesis discusses the emergence of the dependent contractor as a distinct third classification of worker. Where these workers are legally categorised as independent contractors, these dependent contractors experience economic dependence, functional integration, and a lack of both bargaining power and broader meaningful statutory worker protections. Historically concentrated in sectors such as transport and construction, the rise of digital platforms, which offer consumers greater flexibility and convenience, has shifted commercial risk onto their workers. Against this global shift, Australia has developed its own regulatory response. This thesis evaluates whether the reforms instituted by the Closing Loopholes legislation adequately address the vulnerabilities associated with dependent contracting. In doing so, this thesis traces the historical development of the characterisation of the employee and independent contractor relationships in common law and statutory frameworks. Ultimately, this thesis examines the efficacy of worker protections in other jurisdictions as examples of how employment law remains responsive to the evolution of work and continues to protect vulnerable workers.
Details
- Title
- Independent and Dependent Contracting in Australia: Characterisation and Regulatory Protection
- Authors/Creators
- Miso Madarac
- Contributors
- Natalie Sewell (Supervisor) - Murdoch University, School of Law and CriminologyChris Dent (Supervisor) - Murdoch University, School of Law and Criminology
- Awarding Institution
- Murdoch University; Masters by Research
- Identifiers
- 991005909775307891
- Murdoch Affiliation
- School of Law and Criminology
- Resource Type
- Thesis
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