Problem question For many years, SES has operated as a courier company in Sydney. The company has many employees on its payroll working as deliverymcn and women.Two years ago, due to a rapid expansion in business, SES engaged the services of four subcontractors to do part of the deliveries for the company. Mr Fabian Mathews is one of these subcontractors. There is no written contract as such between SES and individual subcontractors, but SES is a member of the New South Wales Road Transport Association which is a signatory to an agreement with the Transport Workers' Union of Australia. All the subcontractors are members of the Transport Workers' Union. The agreement defines the rights and duties of primary contractors and subcontractors. Clause 9 of the agreement indicates that a subcontractor is an independent contractor and not an employee. Other relevant aspects of the agreement are as follows: (a) If a subcontractor is unable to work, he or she is able to employ another person to do the deliveries for him or her. (b) The subcontractor is under an obligation to indemnify SES for the destruction or misdelivery of any items resulting from the negligence of the subcontractor. It is not a term of the agreement that subcontractors cannot work for other companies. However, because of the volume of work from SES , its subcontractors are fully occupied and do not need to work for any other companies. It is the policy of SES that each subcontractor should own a twoton van for the delivery work. SES also provides finance to subcontractors to purchase the vans. However, subcontractors are under no obligation to take or accept such nance. It is also the policy of SES that each ownerdriver has his or her vehicle painted in SE8 colours and bear the SES logo. SES pays for the costs of such painting and signs on the vehicles. To ensure a smooth operation, SES encourages all its subcontractors to use vehicle maintenance and refuelling services provided by SES. The cost of the fuel and maintenance services are deducted from the payments to the subcontractors. SES requires all subcontractors to report for work at the SES headquarters at T" .15 am. each morning. The subcontractors are also obliged to make themselves available for work till 7.15 p .m. While on their delivery rounds, all subcontractors remain in touch with SES head office by means of CB radios and mobile phones supplied by SES