This engagement contract template is for 2021-24 VLFP-funded Landcare Facilitator positions where a contractor has been engaged to provide Landcare Facilitator services for a network.
This contract template was drafted in 2021 by DEECA's Victorian Landcare Program staff with advice and assistance from Workplace Legal, the provider of the Landcare Employment Advice Service from 2018 to June 2023.
For Networks - Engagement Contract Template for the Provision of Landcare Facilitator Services - Download (87 KB)
Compulsory Superannuation Payments for Contractor Landcare Facilitators
The wording of Clause 2.5 in the engagement contract template on compulsory superannuation payments (under the Superannuation Guarantee (Administration) Act 1992) allows for two types of engagement contract situations with contractor who are engaged to provide Landcare Facilitator services:
1. with compulsory superannuation payments, and
2. without compulsory superannuation payments.
In September 2021, Workplace Legal provided the following guidance for groups and networks engaging a contractor to provide Landcare Facilitator services to help determine if compulsory superannuation payments should be paid to the contractor under the Superannuation Guarantee (Administration) Act 1992:
- If there is a genuine capacity under the engagement contract for the contractor Landcare Facilitator to delegate the provision of the Landcare Facilitator services, and it is a practical reality that they could do so, then this makes it less likely that the contractor is paid ‘wholly or principally for their labour’. They would then be supervising another person, rather or as well as labouring themselves. In that case it would be much less likely that there is an entitlement to compulsory superannuation under the Superannuation Guarantee (Administration) Act 1992.
- However, if, in practice, it is distinctly unlikely that a contractor Landcare Facilitator would instruct another person to provide the Landcare Facilitator services, because it would be difficult to delegate, then the contractor is being paid ‘wholly or principally for their labour’, and so the contractor will be entitled to compulsory superannuation under the Superannuation Guarantee (Administration) Act 1992.
Note - the onus is on the group or network who are engaging a contractor Landcare Facilitator to determine if compulsory superannuation payments should be paid to the contractor, within the guidance provided by Workplace Legal above.
Advice and Review of Draft Engagement Contracts
Workplace Legal can assist a group or network if they have difficulty determining if there is a superannuation entitlement for their contractor Landcare Facilitator under the Superannuation Guarantee (Administration) Act 1992.
Workplace Legal can also review your draft engagement contract and provide other employment-related advice. Please phone Workplace Legal on 9972 4950 for free confidential employment-related advice for Landcare group who are employers and Landcare Facilitators who are employees or contractors.