Ongoing Independent Contractor Agreement Template for Australia

The Ongoing Independent Contractor Agreement is essential for Australian businesses engaging contractors for continuous or recurring services rather than fixed-term projects. This agreement is particularly relevant in the contemporary gig economy and flexible workforce arrangements, where businesses need to maintain clear distinction between employees and contractors to comply with Australian legislation. The document incorporates provisions required under the Independent Contractors Act 2006 and related legislation, while addressing practical aspects such as service delivery, payment terms, and risk allocation. It's designed to protect both parties' interests while maintaining the contractor's independence and avoiding characteristics that could suggest an employment relationship. The agreement is suitable for various industries and service types, providing a framework that can be customized to specific business needs while ensuring regulatory compliance.

1. Parties: Identification of the Principal and the Contractor, including full legal names, ABNs, and registered addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Engagement and Scope: Terms of engagement and detailed scope of services to be provided by the contractor

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Contractor Obligations: Key responsibilities, performance standards, and deliverables expected from the contractor

7. Principal Obligations: Responsibilities of the principal, including provision of necessary information and resources

8. Fees and Payment: Payment terms, rates, invoicing procedures, and expenses policy

9. GST: GST treatment of payments and obligations regarding tax invoices

10. Independent Contractor Relationship: Clear statement of independent contractor status and not employment relationship

11. Insurance and Liability: Required insurance coverage and allocation of liability between parties

12. Intellectual Property: Ownership and rights regarding IP created during the engagement

13. Confidentiality: Protection of confidential information and trade secrets

14. Dispute Resolution: Process for resolving disputes between parties

15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement