Sham contracting page 2 of 6

59 articles are classified in All Articles > Compliance > Sham contracting


Marketers' alleged 'control' of workers detailed in class action claims

Two big international direct marketing companies exercised control over workers who were engaged as independent contractors to sell products or solicit donations to major corporations and charities, according to documents lodged with the Federal Court.

Court green-lights sham contracting class action

A class action alleging sham contracting against a major marketing agency will proceed after a court dismissed arguments that it was impossible to rule on the employment status of more than 1000 claimants without examining their individual circumstances.

FWO-Home Affairs 'firewall' needed to protect migrant workers: Academic

As Unions NSW calls for an "ironclad" deportation amnesty for foreign workers involved in wage theft investigations, an IR academic says a complete firewall between the FWO and the Department of Home Affairs would help move the law enforcement focus from migrants to their employers.

McManus set to outline ACTU change agenda

The ACTU's policy pitch for the next election will include the right for casual workers to convert to permanent after six months, equal rights for workers in the gig economy and a overhaul of labour hire regulation.

Failure to explain kills labour hire deal

In a decision signalling potential judicial pushback against so-called "sham" agreements, a Federal Court has quashed a two-year-old deal approved by three employees that now covers more than 1000 mining services workers, ruling that the employer made inadequate efforts to explain a document benchmarked against 11 different awards.

Couple working from home employees, not entrepreneurs: Court

A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.

Woolworths cleaner claims he's owed $300,000

A cleaner who invoiced as both a sole trader and a company but claims he was an employee is pursuing Woolworths and three contracting businesses for more than $300,000 in underpaid wages and unpaid overtime, annual leave and superannuation he says he should have been paid between 2004 and 2015.



FWO investigating Uber's compliance with workplace laws

The Fair Work Ombudsman is investigating whether Uber's engagement of drivers complies with Australian workplace laws, in what might be a test of the legal status of gig economy employment arrangements.