SHAM CONTRACTING Sample Clauses
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SHAM CONTRACTING. (a) 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 responsibility for employee entitlements.
(b) In this clause, "sham contracting" is where:
(i) an employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor;
(ii) an employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or
(iii) an employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer.
(c) Clause 16.6(b)(i) does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services.
(d) Any use of sham contracting is a breach of this Agreement.
(e) Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any Party may refer the allegation directly to the Disputes Panel for conciliation and/or resolution under clause 11 of this Agreement. All Parties will cooperate with the requests of the Disputes Panel including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an affected Employee may appoint a representative in relation to such matters.
(f) Where the sham contracting allegation exists on the Employer’s Project, the Employer will make itself available to assist the disputes resolution procedure.
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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.
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.
20.2 Where the employer makes a definite decision to engage a sub - contractor and / or a labour hire worker to perform work covered by the Agreement, the employer must consult in good faith with potentially affected employees and the Union. For the performance of work that would be covered by this Agreement if it were performed by direct employees of the employer, the employer shall only engage sub-contractors and/or labour hire companies who apply wages and conditions that are no less favourable than the terms and conditions provided in this Agreement.
20.3 The employer agrees to consult with potentially affected employees and the Union as soon as practicable and not less than fourteen (14) days before commencement of work by sub – contractors and / or labour hire. If consultation does not occur, or if the employer has less than fourteen (14) days’ notice of the need to commence work, consultation will occur as soon as practicable - and in any case not more than fourteen (14) days after the contractors or labour hire commence work.
20.4 A sub - contractor or a labour hire worker will be engaged according to the following terms:-
20.4.1 the sub - contractor or the employer of the labour hire worker will apply wages, allowances and terms and conditions of employment (including but not limited to Incolink – redundancy and insurances, superannuation and My Leave payments) that are no less favourable than the wages, allowances and terms and conditions of employment provided in the Agreement; and
20.4.2 the sub - contractor or the employer of the labour hire worker will have its own safe work method statements and OHS Plans; and
20.4.3 the sub - contractor or the labour hire worker will hold current public liability and worker’s compensation insurances; and
SHAM CONTRACTING. 39.1 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.
39.2 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.
39.3 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:
39.4 The Employer will maintain records about any Contractors that it has engaged in the preceding month which will include:
39.5 The Employer will, within seven-days of receiving a written request from an Employee, provide a copy of the records which it is required to keep pursuant to the previous subclause. Nothing in this subclause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth).
39.6 Where in breach of this clause a sham contract was in place, such that that Contractor was in fact an Employee under this Agreement, the calculation for back pay will be calculated on the basis of the difference between what they were paid under sham contract arrangement and:
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.
49.2 The Employer agrees they will not engage in Sham Contracting and recognises that the practice of sham contracting is unlawful and undermines the job security of the Employees covered by this Agreement.
49.3 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:
(a) the services are to be performed by an individual (who is not the Contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and
(b) if the contract were entered into with the individual, the contract would be a contract of employment.
49.4 The Employer will maintain records about any Contractors that it has engaged in the preceding month which will include:
(a) the name of the Contractor;
(b) the owner(s) of the Contractor;
(c) the works that the Contractor was engaged to perform;
(d) basis on which the Contractor was paid for the work e.g. lump sum/fixed price, daily rate, other; and
49.5 The Employer will, within 7 days of receiving a written request from the Union, provide a copy of the records which it is required to keep pursuant to the previous subclause. Nothing in this subclause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth).
49.6 Where in breach of this clause a sham contract was in place, such that that Contractor was in fact an Employee under this Agreement, the calculation for back pay will be calculated on the basis of the difference between what they were paid under sham contract arrangement and:
(a) 175% of the applicable hourly rate contained in this Agreement; and
(b) the Site Allowance (if applicable); and
(c) the multi-story allowance (if applicable); and
(d) Superannuation (BUSSQ), ▇▇▇▇, CIPQ and BEWT.
SHAM CONTRACTING. (a) 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 responsibility for employee entitlements.
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.
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.
20.2 Where the employer makes a definite decision to engage a sub - contractor and / or a labour hire worker to perform work covered by the Agreement, the employer must consult in good faith with potentially affected employees and the Union. The employer shall only engage sub- contractors and/or labour hire companies, to do work that is covered by this Agreement, who apply wages and conditions that are no less favourable than the terms and conditions provided in this Agreement.
20.3 The employer agrees to consult with potentially affected employees and the Union prior to engaging a sub – contractor and / or labour hire, and not less than fourteen (14) days before the commencement of the work by sub – contractor and / or labour hire worker. and insurances, superannuation and My Leave payments) that are no less favourable than the wages, allowances and terms and conditions of employment provided in the Agreement; and
SHAM CONTRACTING. 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.
20.2 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.
20.3 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 and their representatives, in accordance with Clause 10 - Consultation.
20.4 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.
20.5 Without limiting the employer’s obligation under Clause 10.5, the employer must provide the employees and their representatives the following information in writing:-
20.5.1 the name of the proposed Contractor(s);
20.5.2 the type of work proposed to be given to the Contractors(s) ;
20.5.3 the number of persons and qualifications of the persons the proposed Contractor(s) may engage to perform the work;
20.5.4 the likely commencement date of the proposed Contractor(s) ;
20.5.5 the likely duration of this engagement; and
20.5.6 expected effects, if any, of the engagement of the proposed Contractor(s) on employees.
20.6 If the employer engages a Contractor to do Work the employer will make it a condition of the engagement that the Contractor apply wages and conditions that are no less favourable than those provided for in this Agreement.
20.7 If the employer allows a Contractor to sub-contact Work the employer will make it a condition of allowing the Work to be sub-contracted that the Contractor guarantees that persons performing the sub-contracted work will receive wages and conditions that are no less favourable than those provided for in this Agreement.
20.8 Clause 20.6 will not apply where the employer is contractually obliged by the head contractor / client to engage a specific nominated Contractor to do specialist ...
SHAM CONTRACTING. 26.1 ▇▇▇▇▇▇ Bros recognises its legal obligations and will take reasonable steps to comply with the requirement to not engage in sham contracting. “Sham contracting” has the meaning given as described in the FW Act.
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.