SHAM CONTRACTING. 49.1 Sham Contracting occurs when an Employer engages an individual to perform building work under a contract for services where the true character of the engagement or proposed engagement is that of employment.
SHAM CONTRACTING. Whilst the employer may engage labour hire for a variety of reasons, the employer acknowledges that it is not its intention to use supplementary labour to undermine the employment security and terms and conditions of employment under the Agreement.
SHAM CONTRACTING. 44.1 The parties to this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements.
SHAM CONTRACTING. Sham contracting occurs when an Employer engages an individual to perform building work under a contract for services where the true character of the engagement or proposed engagement is that of employment. The Employer recognises that the practice of sham contracting is unlawful and undermines the job security of the Employees covered by this Agreement. The Employer will ensure that sham contracting does not occur and agree that sham contracting is prohibited by this agreement. The Employer will not enter into a contract with another person (“the Contractor”) under which services in the nature of building work are to be provided to the employer, if:
SHAM CONTRACTING a) The Parties acknowledge that sham contracting has the potential to undermine fair employment practices, erode Employee entitlements and affect the job security of Employees covered by this Agreement.
SHAM CONTRACTING. 20.1 The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this Agreement.
SHAM CONTRACTING. Whilst the employer may engage labour hire for a variety of reasons, the employer acknowledges that it is not its intention to use supplementary labour to undermine the employment security and terms and conditions of employment under the Agreement. The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this Agreement. For the purpose of this Clause:- Contractor means a person, company or business and includes labour hire companies and sub- contractors; and Work means work covered by the Agreement which might ordinarily be performed by current or future employees of the employer under this Agreement. Where the employer makes a definite decision to engage Contractors to perform Work the employer must first consult in good faith with potentially affected employees, in accordance with Clause 10 - Consultation. The employer agrees to consult with potentially affected employees as soon as practicable and not less than fourteen (14) days’ before the commencement of the Work by the Contractors. If for any reason this does not occur, or if the employer has less than fourteen (14) days’ notice of the need to commence the work, consultation will occur as soon as practicable - and in any case not more than fourteen (14) days after the Contractors commence work. All subcontract firms would be engaged according to the following terms:- the subcontract firm will have its own safe work method statements and OHS Plans; and the subcontract firm will have all appropriate licences and hold current public liability and worker’s compensation insurances; and builders will be notified that the subcontract firm has been engaged and all employees of the subcontract firm will be inducted under their company name; and all employees employed by the subcontract firm will hold all appropriate registrations and or licences to carry out work they are performing; and all employees of the subcontract firm will obey by all Site requirements. In the event of a dispute about whether consultation has occurred under this clause, the matter will be dealt with in accordance with Clause 14 - Dispute Resolution Procedure. The employer will not contravene the sham contracting provisions in Part 3-1, Division 6 of the FW Act.
