Notice that Contractor May Opt Out

This Notification can be given to a contractor who meets the high income threshold to ensure that they will not be classified as an employee under section 15AA of the Fair Work Act.

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Last updated October 24, 2025

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Suitable for Australia

Notice that Contractor May Opt Out

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What is a notice that contractor may opt out?

A notice that contractor may opt out is a written notification allowing a high-income contractor to elect not to be classified as an employee under section 15AA of the Fair Work Act.
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When should you use a notice that contractor may opt out?

Use this notice when a contractor’s earnings exceed the high income threshold and they wish to be assessed under the start of relationship test instead of the whole of relationship test for employment classification.
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What should be in a notice that contractor may opt out?

The notice should state the contractor’s belief that their earnings exceed the threshold and their decision to opt out of section 15AA of the Fair Work Act, and must be submitted in writing.
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Frequently asked questions

What is a notice that contractor may opt out?

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When should you use a notice that contractor may opt out?

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What should be in a notice that contractor may opt out?

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Who is eligible to use this notice?

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What protections or rights remain after opting out?

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Are there any limitations to using this notice?

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What steps should be taken after submitting the notice?

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View Sample Notice that Contractor May Opt Out

Notice that Contractor May Opt Out
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