All workers must be engaged under the correct legal relationship, as a contractor or an employee. UTS has legal obligations in the engagement of both contractors and employees. The Australian Tax legislation determines whether worker is deemed an employee or contractor and the obligations for the University associated with each.
Contractor or Employee?
Supervisors/managers need to determine whether they are seeking to engage an employee or contractor to perform a service or activity and the following information will assist with this:
- Process for Engaging Contractors/Consultants/Casual Employees with or without ABN
- UTS Employee vs Contractor Decision Tool
- 5.8 Engaging Contractors versus Employees Guidelines
Casual teachers/lecturers
Casual teachers/lecturers who teach subjects in award courses (undergraduate or post-graduate) will normally be employees rather than contractors. It is extremely unusual for casual teachers/lecturers to be contractors even if they have a professional practice and/or an ABN. Refer to 5.8 Engaging Contractors versus employees guidelines.
Engaging a contractor
The document, Process for Engaging Contractors/Consultants/Casual Employees with or without ABN, provides a flow chart of the process for engaging a contractor. If the individual being considered for engagement as a contractor is a sole trader or an individual (whether or not they have an ABN) then the UTS Employee vs Contractor Decision Tool must be completed.
It is essential that a written contract is developed by UTS Legal and signed by the contractor and an appropriately authorised officer of the University before the Contractor starts work. If a contractor provides a written contract then it should be reviewed by UTS Legal before it is signed.
Contact: UTS Legal ext 1286 - http://www.legal.uts.edu.au/
All contractors must provide evidence of:
- Right to Work in Australia for the period of the contract
- a certificate of currency from the contractor's insurer, and
- a subcontractor's statement in respect of workers' compensation, payroll tax and remuneration in line with requirements under the Workers Compensation Act (NSW) or
- personal accident and illness insurance or income protection insurance if the contractor is a sole trader.
Access to UTS systems, equipment and facilities for Contractors
For a contractor to gain access to UTS systems, equipment and facilities an Access to UTS Facilities for Contractors Form needs to be completed and forwarded to Staff Services to generate a staff number and email account.
To activate an email account a staff member should go to the my account activation section in UTS webmail. For further assistance and support regarding email accounts, please contact the IT Support Centre on ext 2222.
A neo user access form needs to be completed if a contract or consultant requires access to I-Expenses or I-Procurement.
For building access the supervisor can contact the Manager of Security Services to obtain key/pin access.
Induction of Contractors
As with all new starters, contractors would benefit from receiving an induction to help them settle into their workplace and UTS. Refer contractors to the induction and orientation section of this website and also provide them with a local area induction (eg introduce them to work colleagues and provide a tour of the area including facilities, area evacuation procedures and first aid officers.
The way that work is performed by contractors at UTS is regulated by the UTS Environmental Health and Safety Policy.
Contractors are expected to comply with the UTS Code of Conduct while they are working for UTS.
Consulting by UTS Staff
Information about consulting by UTS staff is located in the Outside of Work Policy and Directives. UTS Staff Consulting projects are managed by accessUTS.
