Topic outline

  • Learning Task 2.5 Read, Watch and Discuss

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    • Task

      Discuss sham contracting.

      Learning Outcomes

      After completing this task, you will be able to:

      • identify what sham contracting is
      • understand why sham contracting is resulting in the deterioration of employee rights
      • apply your understanding of sham contracting to a recent case study  

      Due 

      End of week 2

      Notes

      Sham contracting is employing someone as an independent contractor rather than as an employee. There are significant penalties.


      Suggested Procedure

      1. Read Chapter 2 Sections 2.35–2.41 of the textbook and review the case of FWO v Quest South Perth (2015) HCA 45.
      2. Watch the above video on sham contracting.
      3. Why is sham contracting resulting in the deterioration of working conditions and safety standards?
      4. Examine a news article (Tran, D & Marozzi, M 2018, ' Online food delivery company Foodora facing legal action over alleged underpayment of staff', ABC online.)
        on sham contracting. What were the main reasons the ombudsman’s office ruled the way it did? Are there future implications for related industries now that this ruling has been given?
      5. Share your responses to these questions in the discussion forum for learning task 2.5 and comment on the responses of at least two others that differ from yours, offering constructive feedback in your response.
      6. The course teaching team will be participating in discussions and will summarise the key ideas from this discussion at the end of the week.

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