The Australian Building and Construction Commissioner’s (ABCC) Sham Contracting Inquiry has published a major report into the state of affairs in the construction industry.

 

The report argues for a more integrated government strategy aimed at eliminating sham contracting in the building and construction industry. The report calls for increased participation from the ATO, the Australian Securities and Investment Commission and the Department of Immigration and Citizenship.

 

The report also urges for an increased effort to be made by the ABCC to conduct detailed research into the state and prevalence of sham contracting in the industry.

 

The report continues to urge that the ABCC undertake an education plan to inform employers and employees in the sector regarding the appropriate use of ABNs and legitimate business activities.

 

Finally, the report urges that the ABCC not pursue:

  • the development of a labour hire code of conduct;
  • the concept of joint employment; or
  • the creation of a third category of worker – the ‘dependent contractor’

 

The full report can be found here