Question 3 - Employing Staff

Kwantus Airlines has decided to undergo regular deep cleaning as a result of the COVID-19 pandemic and has asked Bill and Ben to do the cleaning work. Bill and Ben have their own commercial cleaning business called Jiffy Cleaning.Bill and Ben own the trucks used for transporting cleaning products and equipment. Kwantus pays for the registration and petrol of the trucks.

In relation to the cleaning:

• Kwantus requires Bill and Ben and pays for them to go to safety training.
• There is no set number of airplanes to be cleaned.
• Bill and Ben are paid per airplane cleaned.
• They wear the Kwantus Airlines uniforms.
• One time after Ben forgot to place a flag on a plane to indicate to Kwantus staff that it was being cleaned, a Kwantus supervisor yelled "I will take away your uniform and give the work to better workers."
• Bill is hurt one day when he falls over and breaks his arm while cleaning graffiti in the Kwantus Airline fire escape stairwell. He cannot work for 2 months.

Is this a contract of employment or independent contractor arrangement?

(10 Marks)