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The new definition of 'employee' in the Fair Work Act will likely result in an increasing number of claims by individuals "effectively testing the multifactorial test again", according to a workplace lawyer.

This Q&A covers:

• background to the employee/contractor debate;
• what has changed in the Fair Work Act;
• when the definition becomes important;
• practical implications for employers;
• problems with the multifactorial test;
• inconsistency with other laws;
• workers' ability to 'opt out' of the definition;
• compliance timeframes; and
• next steps for employers.