The Fair Work Act and the Independent Contractors Act 2006 protects the rights and entitlements of the employees and independent contractors[1]. From these two pieces of legislation, the difference between a contractor and an employee depends on various factors. One of the factors is the degree of control of work and how the work is performed. The employees are expected to perform their duties under the control and direction of the employer on an ongoing basis. On the other hand, the independent contractor has a high level of control on how he does his work.