Section 359 — Fair Work Act 2009 (Cth)

A person (the employer) that employs, or has at any time employed, an individual to perform particular work must not make a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer.

Note: This section is a civil remedy provision (see Part 4‑1).

Related sections

• s 356 — Objectionable terms
• s 357 — Misrepresenting employment as independent contracting arrangement
• s 358 — Dismissing to engage as independent contractor
• s 359B — Dismissing to engage as casual employee
• s 359C — Misrepresentation to engage as casual employee
• s 360 — Multiple reasons for action

Research how courts apply s 359

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.