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K11NFP(Newbie)Newbie
30 May 2024

we are having a conversation at our work about this point: to perform the contract work (work cannot be delegated to someone else). It is under Super contributions for independent contractors

My interpretation is that as long as we can delegate the work to another contractor we do not need to pay super, we have a pool of contractors that we use. My hr thinks the contractor needs to be able to delegate to someone else? Which is correct

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Taxduck(Taxicorn)Taxicorn
30 May 2024

That's not delegation, it is substitution. HR is correct.

https://www.ato.gov.au/businesses-and-organisations/hiring-and-paying-your-workers/employee-or-independent-contractor/difference-between-employees-and-independent-contractors/ability-to-delegate-or-subcontract

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If we can delegate work to another independant contractor does that mean super is not payable | ATO Community