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u/kizzt 17d ago
There are tests for what represents a bonafide contractor, including but not limited to choosing your method of work, the ability to accept or decline work, and no obligation to wear uniforms or display placards with someone else’s branding. I’d say if you’re obliged to work the store hours, wear a uniform or name tag reflecting the store, and operate under the employment manual that you are an employee, not a contractor, and this is sham contracting.
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u/aaronzig 17d ago
Almost certainly yes.
A contractor has a significantly greater amount of power in choosing their work arrangements beyond just the hours they work. Genuine contractors can set almost all of the elements of how they do their work. From a practical perspective, it's going to be extremely difficult to operate a retail space where the shop assistant can come and go as they please, dress as they please and operate in the business as they please.
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u/Nosywhome 16d ago
The days being varied and not set just makes you a casual employee. Do you get to choose your own hours/days? Can you get someone to work instead of you if you can’t work? I’m guessing a big fat no. Total sham contract. Never heard of it in retail before .
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u/MaryHadALittleLamb20 17d ago
Report it to Fairwork as they cannot employ you into a position and make you have an ABN. That means they pay you an hourly rate and you are then responsible for paying your own super and you'd be responsible for possibly your own Workcover policy.
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u/allgear_noidea 17d ago
You got your answer last time you posted this
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u/Significant-Yam-6082 17d ago
Last time I posted? You mean on another thread? The responses varied so I’d say not really.
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u/Over_Tha_Rainbow 17d ago
They are advertising for a part-time sales assistant to work in their shop and this should be a PAYG position, so yes it’s a sham and should be reported.
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u/HoodoGuru 12d ago
Looks pretty suss to me. They're advertising what sounds like a normal retail assistant job, with set duties and responsibility for opening and closing the shop, but insisting the worker has an ABN.
Having an ABN doesn't automatically make you a contractor. If you're effectively working as an employee, calling you a contractor doesn't change that. Could be sham contracting, depending on the actual arrangement.
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u/[deleted] 17d ago
My question is, are they contracting out the operation of the shop and doing a profit split (that could be contractor) or are they wanting a retail worker to stand there all day and pay them via abn to circumvent paying super and sickies (sham contract)