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A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".

Commissioner Phillip Ryan highlighted that the determination of whether a worker was an employee or independent contractor required an evaluative judgement "that takes into account the totality of the parties' contractual rights and obligations".

This involved paying attention to specific "contractual provisions", including the level of control by an employer, how the worker was paid, the provision of any equipment, and the rules surrounding the delegation of services, he said...