Question 3 - Employing Staff

Franc, owner and operator of bed and breakfast Wine Lovers Retreat in the Barossa, has decided to expand his business to include hot air ballooning experiences as part of a bed and breakfast luxury package and has asked Allegro, to provide hot air balloon flights. Allegro has his own hot air balloon flight business called Up Up and Away. Allegro owns the hot air balloons which he uses. Wine Lovers Retreat pays for the hot air balloon fuel.

In relation to the hot air balloon flight services:

• Wine Lovers Retreat requires Allegro and pays for him to complete a wine appreciation course.
• There is no set number of hot air balloon flights.
• Allegro is paid per flight.
• Allegro has been issued with and is required to wear a red jacket and tie with the Wine Lovers retreat monogram and logo.
• One time after Allegro forgot to serve a customer the Wine Lovers Retreat exclusive Shiraz upon arrival, Franc yelled "If you forget to serve our wine again, I will take away your uniform and give the work to another hot air balloon flight services provider.
• Allegro is hurt one day when he trips over a discarded wine casket while rushing across the Wine Lovers Retreat vineyard to greet customers for their scheduled flight. He cannot work for entire grape gathering season, which is the most popular time of year for tourists in the wine growing region.

Is this a contract of employment or independent contractor arrangement?