Judy trained as a ballerina with the Royal Australian Ballet Company and toured nationally and internationally with the Company until she was 22 and decided to study podiatry at Monash University. While she is completing her three year degree, Judy is hoping to support herself by working as a dance teacher and teaching children's ballet classes.

She meets with Marina, the owner of the Caulfield Dance Studio Pty Ltd ('CDS'). Marina is very impressed with Judy's experience, presentation and manner. Judy agrees to teach a trial class of her 5-6 year old Introduction to Ballet on a Thursday afternoon. She is not paid for this hour long class but at the end of it, Marina presents her with a 'Letter of Engagement' and asks Judy to sign it and return it on Friday so that she can begin teaching classes for CDS the following week.

You are required to review the following clauses from Judy's Letter of Engagement and determine the nature of Judy's working arrangement with Caulfield Dance Studio (15 marks).

Letter of Engagement

Dear Judy Moritz,

I am pleased to offer you the position of Ballet Instructor at the Caulfield Dance Studio ('CDS') on the terms and conditions set out in this letter.

1. Position

1. 1.1.You are required to fulfil your role as a Ballet Instructor and ensure you deliver all
2. classes at the time at which they are scheduled in a manner that adheres to the
3. quality expected by CDS's clients.
4. 1.2.The duties of your role are contained in the attached position description. You are
5. required to perform those duties in accordance with directions given to you by the
6. Director and/or Assistant Director of CDS.
7. 1.3.You will be given a CDS branded leotard and a pale blue ballet skirt which you are
8. required to wear whenever you are teaching.

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1. 1.4.You are required to create a lesson plan for each class based on the material developed by the CDS in conjunction with the Australian Ballet Association.
2. 1.5.CDS will retain the copyright in any teaching materials you prepare which are distributed to your students and in any video recordings you produce of your classes and teaching.
3. 1.6.The total number of classes you teach each week will be dependent on enrolment numbers which may vary from term to term.
4. 1.7.CDS may use your image and profile in promotional materials for the studio.
5. Salary
6. 2.1. For each hourly class that you teach, you will be paid at a fixed hourly rate plus an hourly rate which will be determined by the number of students who attend that class according to the following:
7. 2.1.1.Base hourly rate - $27
8. 2.1.2.Additional hourly rate per students per class
9. $5 for 1-10 students
10. $8 for 11-25 students
11. 2.2. If you are required to take an additional class unexpectedly (ie with less than two
12. hours' notice), you will be paid $4 in addition to your base hourly rate.
13. 2.3. Prior to commencing work, you are required to supply CDS with your Australian
14. Business Number ('ABN'), bank account details and a current certificate of insurance.
15. Terms and Conditions of Contract.
16. 3.1.You agree that you will not teach any client of CDS privately without the prior written consent of CDS.
17. 3.2.You agree that you will not work for another dance studio without obtaining prior written consent of CDS.
18. 3.3.You agree to comply with CDS policies and procedures although these do not form part of the terms of this contract.
19. The terms and conditions contained in this letter represent the entirety of the agreement between the parties and can only be varied by written agreement signed by both parties.
20. This contract will expire 12 months from the date signed.
21. If you wish to terminate this contract before it expires, you are required to give CDS 8
22. weeks' notice in writing.

Sincerely,

Marina Lamb

Director

Caulfield Dance Studio