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It requires more than an ABN to be a legitimate contractor – FWO launches legal action

06/16/2021

It requires more than an ABN to be a legitimate contractor – FWO launches legal action

The Fair Work Ombudsman (FWO) has commenced legal action against a Sydney company for alleged sham contracting. The FWO is pursuing the company through the Federal Court following from an investigation after receiving requests for assistance from three workers who had been engaged by the company. It is alleged that in respect to the employees who were placed by an agency, the company breached the Fair Work Act 2009 by terminating or threatening to terminate the workers’ employment in order to engage them as independent contractors to perform substantially the same work.