Sham arrangements | Fair Work Legal Advice

M: 0427 329 514

Home
About
Services
Fees
Blog
Australia wide
Payment
Contact

How to determine whether a person is an employee or contractor

Posted by Fair Work Legal Advice

· Saturday, July 18th, 2020

What follows is an extract from a decision of the Chief Justice of the Federal Court of Australia in an…

General protections; sham contracting

Posted by Fair Work Legal Advice

· Monday, October 1st, 2018

The general protections of the Fair Work Act contain a provision to the effect that it is unlawful for a…

Piercing the corporate veil; sham contracting and phoenix activity

Posted by Fair Work Legal Advice

· Tuesday, May 29th, 2018

Fair work implications of sham contracting and phoenix activity I came across the following extract from a recent decision of…

Fair work shams; what is the test?

Posted by Fair Work Legal Advice

· Wednesday, May 24th, 2017

Clients who are or have been employees will often advise me, as if it is incontrovertible, that the arrangements he…

Building blocks; the fundamental distinction between a contractor and an employee

Posted by Fair Work Legal Advice

· Thursday, January 7th, 2016

“We think it particularly significant that the joint judgment endorsed the proposition that ‘‘the distinction between an employee and an…

Can you sleep at night? Sham workplace contracts

Posted by Fair Work Legal Advice

· Tuesday, January 5th, 2016

A very dear friend of mine has told me that his young adult daughter has been hired into an administration…

In the eye of the beholder; a perspective upon labour hire arrangements

Posted by Fair Work Legal Advice

· Thursday, December 31st, 2015

The concept of labour hire arrangements was analysed in Arcadia v Accenture Australia 2008) 170 IR 288 in the following…

A duck is still a duck if it is not a rooster; sham contracts in employment law

Posted by Fair Work Legal Advice

· Sunday, December 6th, 2015

The High Court has today confirmed that the reach of the sham contracting provisions of the Fair Work Act extends…

Abandoning employment
Absences from work
Accessorial liability
Adverse action
Annual / Personal leave
Appeals
Applying for job
Apprentices
Arbitration
Associated entities
Award and agreement free
Award coverage
Award entitlements
Bargaining
Bonuses
BOOT test
Breach of contract
Bullying at work
Burden of proof
Capacity for the job
Carer's leave
Caronavirus implications
Casual employees
Company directors
Compensation (Fair Work Act)
Compensation for unfair dismissal
Compliance
Conciliation
Conciliation conferences
Conditions of employment
Condonation/tolerance
Conduct
Conferences
Confidentiality obligations of employees
Constructive dismissal
Consultation required in the workplace
Continuity of service
Contract of employment terms
Coronavirus
Costs
Covid19
Criminal allegations
Criminal convictions and the workplace
Deductions from entitlements
Defending allegations
Demotion
Denied contractual benefits
Disciplinary action in the workplace
Discrimination at work
Dismissal
Dismissal procedures
Dismissal remedies
Dispute settlement procedures
Disputes with work colleagues
Dress codes in the workplace
Drug and alcohol testing in the workplace
Duty of care in the workplace
Email and phone policies
Employee incentive schemes
Employee or contractor?
Employee records
Employee rights
Employee rights in a transfer of business
Employees' duties
Employer duties
Employer policies
Employment Advice
Employment contracts and fair work laws
Employment remuneration issues
Enforcing employment contracts
Enterprise agreements
Enterprise bargaining
Equal Opportunity in the workplace
Evidence in the employment tribunals
Fair Work Act
Fair Work Commission practice direction
Fair Work Commission procedures
Fair work legal system
Fair Work Ombudsman
Fair Work procedures
Fair Work remedies
Fair Work time limits
Featured Posts
Federal Court jurisdiction under the Fair Work Act
Federal Courts
Fitness for work
Fixed term employment contracts
Flexible working arrangements
Foreign companies
Free speech in the workplace
Gardening leave
General News
General protections
Genuine redundancy
Government
Grounds for dismissal
Guarantee of annual earnings
Harassment at work
High income threshold
Hiring employees
Hours of work
Implied terms and conditions of employment and enforcement
Inconsistent treatment
Independent contractors
Individual flexibility arrangements
Industrial action
Industrial torts
Inherent requirements
Inherent requirements of the job
Injunctions in the fair work system
Instructions by an employer
Interesting cases and reports about employent
Internet at work
Interpreting awards, enterprise agreements and contracts
JobKeeper
Jurisdiction
Labour hire/ host empoyers
Lawful and reasonable directions
Legal issues in employment
Legal Professional Privilege in the fair work system
Legal representation in the Fair Work Commission
Length of service
Liability of employers
Loadings
Long service leave
Lying in enterprise bargaining
Management prerogative
Memes
Minimum employment periods
Misconduct
Misconduct out of hours
Mistakes
Modern awards
Multi-hiring arrangements
Multiple actions/ double dipping
National Employment Standards (NES)
National system employer
Natural justice/process
NES leave entitlements
NES paid leave
Newsletter
Notice periods for termination of employment
Offer of alternative employment
Onus of proof in the fair work system
Out of hours conduct
Outer limits contracts
Overtime and ordinary hours
Parental and maternity leave
Parental leave
Payment of remuneration
Penalty rates
Performance
Pieceworkers
Policies
Position descriptions
Post employment conduct
Privacy in the workplace
Private conduct
Probation
Procedural fairness
Protected industrial action
Protection from unfair dismissal
Public holidays
Public service
Qualifying periods of employment
Racism in the workplace
Recording conversations in the workplace
Recovering entitlements
Recruitment laws
Redeployment
Redundancy
Redundancy concepts
Reinstatement
Related entities
Remedies
Remedies in employment law
Representation in the Fair Work Commission
Repudiation of employment contracts
Resignation
Restraints of trade in the fair work system
Rosters and working hours
Salary, wages and remuneration
Sale/transfer of business
Self incrimination
Serious misconduct
Set offs
Settlement deeds
Settlement terms for fair work disputes
Severance payments
Sexual harassment in the workplace
Sham arrangements
Shift work
Sick leave
Small Business Fair Dismissal Code
Small businesses
Social Media
Social media and texting
Social media in the workplace
Stand downs
Standard of proof
Statutory construction
Statutory entitlements
Summary dismissal
Summary/instant dismssal
Superannuation
Support person
Suppression orders in the Fair Work Commission
Surveillance in the workplace
Suspension
Tax treatment of fair work settlements
Termination of employment
Termination of Employment and Probation
Termination of employment by small businesses
The Australian system of employment regulation
The Fair Work Act
Time limits
Trade unions
Transmission/transfer of business
Tribunal procedures
Uncategorized
Unfair dismissal
Unfair dismissal and small businesses
Unfair redundancy
Unlawful dismissal/termination
Vaccinations and the workplace
Valid reason for dismissal
Varying contracts of employment in the workplace
Vicarious liability in the workplace
Visa workng rights
Volunteers
Wages and salary
Warnings
Western Australian Industrial Relations Commission
Whistleblower protection in the workplace
Withholding entitlements
Workers compensation and the fair work system
Workers overseas
Workplace bullying
Workplace health and safety
Workplace investigations
Workplace Rights
Workplace warnings
Wrongful dismissal

Get in touch
Make a payment
Request a phone consultation

Client Testimonials

“Thank you for your assistance in my recent case. Your services were first class and I believe my case would not have gone as successfully without you. At all times I was up to date and informed, and I had complete confidence in your expertise.”

View more testimonials

Ask a question

Name*
First Last
Email*
Phone*
Your Message*
CAPTCHA
Phone
This field is for validation purposes and should be left unchanged.

Proudly created by Brandicoot

Categories

Client Testimonials

Ask a question