Sham Contracting

The question as to whether a person is a contractor or employee is something that all parties should consider carefully.

Just because a person provides an ABN number and supplies a tax invoice this does not automatically make that person a contractor.

Employers have been prosecuted for employing persons under such arrangements when it is clear that the person is an employee and not a contractor. We suggest that parties seek comprehensive advice from a specialist workplace relations lawyer regarding such matters, and not just rely on an accountant or suburban solicitor’s view.

Although there are many circumstances where it is lawful for a business to engage an independent contractor, the law is there to protect employees from being treated as an independent contractor when they should in fact be regarded as an employee.

The Federal regulator, the Fair Work Ombudsman (FWO) has published information regarding contractor vs. employee, and sham contracting.  Please visit:

   Fair Work Ombudsman | Sham Contracting

There has also been a significant decision made by the courts:

   FWO v Property Lovers | 2013


See also:

FWO media release regarding this prosecution

PSAQ Secretary to real estate businesses

Information about membership

Membership

If you work in the property services sector, you should be a member!

Find out more
Latest News
APSA Queensland Requests Audit by Ombudsman

APSA Queensland has formally requested an industry audit by the Fair Work Ombudsman, following scathing criticism

Find out more
Property Agents Bill 2013 | Queensland

Sweeping legislative reforms for real estate agents in Queensland

Find out more
Application for Rule Change

The Australian Property Services Association NSW Branch/Real Estate Association of NSW has filed an application with the Fair Work Commission for consent to alter certain rules. For more information, ...

Find out more