Fair Work has flagged closer scrutiny of ads that may misclassify workers as contractors. Abby Waller explains what Perth hairdressers should check before going independent.
Abby's take
What this means for the industry — and for independents
Industry impact. Fair Work's warning matters to industries that use employees, contractors and independent operators side by side. The practical lesson is that businesses cannot safely assume an ABN, an invoice or a contract heading settles the relationship. The structure on paper needs to make sense alongside the way the work actually happens.
For freelancers. For a hairdresser or beauty professional, the distinction affects far more than paperwork. An independent business can carry workspace costs, products, insurance, tax, super, payment fees, quiet-week risk and unpaid admin. If you take on those responsibilities, you should be clear about the commercial control you actually have and whether the agreement matches the reality.
My take. My view is simple: independence should be real, not just a word in an agreement. If you are taking on the risk and responsibility of running your own business, I would want you to understand your pricing, your clients, your schedule, your brand and the decisions you are actually free to make. Do not choose a chair only from the weekly number. Understand the model you are stepping into.
What I'd do next
- Write down who actually controls your prices, client relationships, schedule, service decisions and day-to-day working methods, then compare that reality with the written agreement.
- Ask for the full agreement before committing and highlight every clause dealing with fees, termination, clients, data, branding, products, insurance, equipment and restrictions on working elsewhere.
- List the costs and risks you will personally carry, including workspace fees, products, insurance, tax, super, payment processing, cancellations, quiet weeks and unpaid administration time.
- Build the foundations of your own business with separate banking, appropriate insurance, pricing, booking and payment systems, client policies, records and a clear way for clients to contact you directly.
- If the real arrangement and the contract do not seem to match, or you cannot tell whether you are an employee or contractor, get current legal or professional advice before relying on the label used by the business.
Watch-out. Worker classification is fact-specific and different legal tests can apply depending on the business and jurisdiction. These are practical business questions, not a legal checklist that determines status by itself.
What Fair Work actually said on 27 August 2026
The Fair Work Ombudsman's 27 August 2026 media release was mainly about unlawful job advertisements. It reported 358 infringement notices in 2025-26 and said the regulator will look closely in the year ahead at ads that may incorrectly treat a worker as an independent contractor when that person would in fact be an employee.
One example involved a courier-driver advertisement that listed an ABN as an essential requirement. Fair Work inspectors later formed the view that the driver would have been an employee. That example is not about hairdressing and it is not a ruling against rent-a-chair. The useful lesson for our industry is that an ABN by itself does not settle the relationship.
For hair and beauty, I do not think the response should be panic. It should be clarity. If a business uses employees, contractors, chair renters or a mix of models, everyone involved should understand what the arrangement really is and make sure the paperwork matches the way it operates in practice.
Read the honest guide to whether rent-a-chair is right for you
Rent-a-chair, contractor and employee are not interchangeable labels
An employee works in someone else's business and receives the rights and entitlements that apply to that employment relationship. An independent contractor generally works for themselves and provides services to another person or business. A genuine chair renter may instead be paying a workspace provider for access to space while providing services directly to their own clients through their own business.
Those models can look similar from the salon floor because everyone may be standing behind a chair in the same room. Commercially and legally, though, they can be very different. That is why I would never rely only on what someone casually calls the arrangement. Look at who the stylist is actually working for, who the clients belong to, who carries the risk and what the agreement really requires.
If you are renting workspace and operating your own client business, the analysis may also be different from a contractor who performs work for the salon itself. If the structure is unclear, get advice based on the actual agreement rather than assuming every chair-rental model works the same way.
See the step-by-step guide to becoming self-employed in Perth
An ABN, invoice or contract heading does not decide your status
Fair Work's current guidance says constitutionally covered businesses generally use a whole-of-relationship test that looks at the real substance, practical reality and true nature of the relationship. Factors can include control over the work, financial responsibility and risk, tools and equipment, the ability to delegate or subcontract, hours of work and whether there is an expectation that work will continue.
Fair Work also makes an important point: there is usually no single deciding factor. A person is not automatically a contractor because they have an ABN or issue invoices. Australian Government business guidance similarly warns that a written agreement calling someone a contractor does not override an employment relationship if the person is legally an employee.
Paperwork matters, but so does reality. If an agreement talks about independence while the day-to-day arrangement looks very different, that is something to investigate rather than ignore.
- Who controls how the work is performed?
- Who carries financial responsibility and risk?
- Who provides the tools and equipment?
- How are the working hours decided?
- Can work be delegated or subcontracted where the arrangement allows it?
- Is there an ongoing expectation that work will continue?
The business questions I would ask before renting a chair
Legal classification is not something I would try to solve with an Instagram checklist. But there are practical questions that help you understand the business you are about to run. Can you set your own service prices? Are clients booking with and paying your business? Who controls your availability? Which services do you offer and who makes those commercial decisions?
Then look at risk. What happens when you have a quiet day, a cancellation, a product-cost increase or a refund? Who wears that financial result? An independent operator needs to understand both the freedom and the downside responsibility that come with the model.
A professional shared workspace can still have sensible standards around hygiene, safety, security, presentation and respectful use of common areas. The useful distinction is between shared-space rules and control over the commercial decisions of the independent business.
- Can I set and change my own service prices?
- Do clients clearly book with and pay my business?
- Who controls my working pattern and availability?
- Who decides my services, client policies and marketing?
- Which costs, cancellations and commercial risks sit with me?
- What restrictions apply to my brand or working elsewhere?
Independence changes the money equation as well as the freedom
Workspace fees are only one line in an independent business. You may also be paying for colour and retail stock, insurance, payment processing, software, bookkeeping, tax, super, education, marketing and the unpaid time spent on administration and client communication.
That is why I do not think the goal should be to escape employment at any cost. The goal is to build a model where the extra responsibility is matched by genuine ownership and enough margin to make the business worthwhile. If you carry most of the downside risk but have very little say over pricing, clients, hours or commercial decisions, do not simply assume that is what independence is supposed to feel like.
Before comparing two chair prices, compare the whole operating model. A lower weekly number can still be expensive if the arrangement does not suit the business you are trying to build. Use your own demand, costs and margins rather than choosing from the headline price alone.
Check how many clients you may need before renting a chair · Run your numbers through the freelance income calculator
Read the agreement before you need the agreement
Ask for the full document before you commit. Understand what you are paying for, when fees are due, how either side can end the arrangement, what access rules apply and what happens to prepaid amounts or deposits. Then look at the commercial clauses covering clients, records, branding, products, equipment, insurance, damage, complaints, refunds and any restriction on working elsewhere.
If the arrangement is presented as independent, compare those clauses with the way you have been told the space operates. A professionally written contract can still leave you with questions. Ask them before signing and get important answers clarified in writing.
Fair Work itself says determining whether someone is a contractor or employee can be complicated. If the classification is unclear, get legal advice based on the actual contract and working relationship. An accountant can help with tax, GST, super and business structure, but a social-media comment section is not the place to decide your legal status.
- Fees, payment dates, deposits and exit terms.
- Access days, hours and any minimum commitment.
- Client relationships, client data and booking systems.
- Pricing, promotions and service-menu control.
- Products, tools, equipment and storage responsibilities.
- Insurance, complaints, damage and refund responsibilities.
- Branding, marketing and any restriction on working elsewhere.
Build the infrastructure of a real independent business
A genuine independent business needs more than an Instagram account and an ABN. Set up separate business banking and bookkeeping. Hold the insurance appropriate to your services and circumstances. Create your own pricing and client policies. Make sure clients have a clear way to book, pay and contact you. Understand your tax, record-keeping and super responsibilities.
None of those items independently proves legal classification. They do, however, force you to think like the person responsible for the business rather than waiting for a host salon to make every commercial decision.
I would also track revenue after refunds, direct product cost, payment fees, workspace cost, rebooking, cancellations, average appointment contribution and what you are setting aside for tax and super. Freedom feels much better when the business underneath it is visible and controlled.
Get your free Freelancer Business Score · Review the self-employed hairdresser setup guide
How The Beauty Basement describes independence in Northbridge
At The Beauty Basement, our public model is built around independent professionals running their own business. Our current website says your pricing, schedule and clients stay yours, with a professional shared environment and support options around the business. Support and training depend on the package or pathway chosen, and those inclusions should be understood before anyone commits.
That is our operating model, not a Fair Work endorsement or a legal ruling on classification. I would still tell someone considering The Beauty Basement to ask us the same hard questions they should ask any workspace: understand the agreement, what you control, what you pay for and what remains your responsibility.
If you are comparing rent-a-chair options in Perth, a private meet and greet lets you inspect the Northbridge space and ask those questions in person. You should not have to make a business decision from an Instagram post or a weekly price alone.
See how The Beauty Basement process works · Book a private meet and greet
Comparing chair-rental arrangements in Perth?
Bring the questions you actually want answered. A private meet and greet lets you inspect the Northbridge workspace, understand The Beauty Basement operating model and decide whether it fits the business you want to run.
Book a Private Meet & GreetDisclaimer: This article is general business information and commentary, not legal, tax, financial or employment advice. Worker classification is fact-specific, workplace laws and guidance can change, and different tests can apply depending on the business and jurisdiction. Check current Fair Work and Australian Government guidance and seek professional advice for your own arrangement before making a legal or financial decision.
Common questions
Does having an ABN automatically make a hairdresser an independent contractor?
No. Fair Work and Australian Government guidance both say an ABN is not the deciding factor. Classification depends on the relevant legal test and the specific relationship, including the contract and, for many businesses, how the arrangement operates in practice.
Is rent-a-chair illegal in Australia?
No. The Fair Work warning discussed here does not say genuine chair rental is illegal. The issue is whether a particular arrangement is accurately structured and described. A genuine workspace-rental arrangement can be different from a worker providing services to a salon as a contractor, so the actual facts and agreement matter.
If my agreement says independent contractor, does that settle it?
No. Government guidance says a written label does not automatically determine status. Depending on the applicable test, the terms of the agreement and the practical reality of the relationship can both matter. Seek legal advice if the classification is unclear.
What should I ask before signing a chair-rental agreement?
Ask about fees, access, exit terms, pricing control, clients and client data, booking and payment systems, products and equipment, insurance, branding, marketing, complaints, refunds and any restrictions on working elsewhere. Make sure the written agreement matches what you have been told about the day-to-day model.
Next step at The Beauty Basement
Do not just rent a chair. Understand the business model you are stepping into.
If you are considering independent work in Perth, see the Northbridge space, ask the difficult questions and compare the real operating model with the business you want to build before you commit.
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