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The Victorian Government has released a sham contracting compliance checklist for primary contractors and subcontractors in the building and construction industry.
Contractors in building and construction can use the new checklist to find out whether they are complying with laws relating to visas and sham contracting.
Sham contracting occurs when an employer disguises an employment relationship, either recklessly or intentionally, as a contracting arrangement.
The checklist covers issues such as visa compliance, relevant laws and regulations, managing employee entitlements and ensuring everyone in the contracting chain is meeting their obligations.
Primary contractors in building and construction should consult the checklist regularly to ensure they continue to meet their legal obligations.
It is also best practice for primary contractors to provide the checklist to subcontractors as part of the engagement process.
The checklist was developed by the Building Industry Consultative Council (BICC). The BICC is a forum for dialogue between Government, employers, industry associations and unions on broad economic and industrial relations issues in building and construction.
BICC Chair Peter Parkinson says that everyone deserves a fair go. “Every worker in Victoria deserves to work safely and be paid fairly. Most primary contractors in Victoria share this belief and want to meet best practice standards. We’ve provided this checklist to help them achieve that.”
“Adhering to best practice improves the working conditions of contractors, allowing them to operate safely and efficiently. This benefits the whole industry.”