When hiring a worker it is important to clarify whether they will be classed as an employee or contractor, as it will significantly affect your tax, super and other related obligations.
Just because someone provides you with an ABN and an invoice for work undertaken, doesn’t necessarily mean that they are a contractor. Likewise, you cannot simply agree to be classed as a contractor or an employee.
While there is no one specific rule that makes you one or the other, the ATO will look at the substance of the arrangement to make its determination. Various tests will be applied to your individual circumstances which when combined, will determine which category you fall into.