A Queensland parliamentary inquiry will consider licensing and registration of labour hire companies as the state becomes the third jurisdiction to launch investigations into allegations of sham contracting and abuses of visa workers by labour suppliers.
The High Court has today unanimously found that an employer breached the Fair Work Act's anti-sham contracting provisions when it misrepresented an employment relationship as one of independent contracting.
The Federal Circuit Court has questioned why the FWBC chose not to prosecute the director of a phoenixed bricklaying company that failed to pay correct pay and entitlements to several "daily hire" workers.
The High Court will determine whether employers can circumvent sham contracting provisions by utilising a third party, such as a labour hire company, to indirectly engage workers, after the FWO today won special leave to challenge a full Federal Court ruling.
A Roy Morgan Research subsidiary plans to take to the High Court its claim that payments to contractors should be taken to include all award entitlements, after a failed full court appeal that director Gary Morgan says has "massive implications" for other companies.
The High Court has granted special leave for the federal government, the CFMEU and the CEPU to challenge a full Federal Court judgment that effectively stops the FWO and FWBC from continuing their practice of providing "agreed" penalty ranges to courts.
A judge has raised questions about the FWBC's exercise of discretion in its failed pursuit of a "very small" business for sham contracting, but has accepted that the watchdog didn't initiate the case without reasonable cause.
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.