Common use of SHAM CONTRACTING Clause in Contracts

SHAM CONTRACTING. Whilst the employer may engage labour hire for a variety of reasons, the employer acknowledges that it is not its intention to use supplementary labour to undermine the employment security and terms and conditions of employment under the Agreement. 20.1 The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this Agreement. 20.2 Where the employer makes a definite decision to engage a sub - contractor and / or a labour hire worker to perform work covered by the Agreement, the employer must consult in good faith with potentially affected employees and the Union. For the performance of work that would be covered by this Agreement if it were performed by direct employees of the employer, the employer shall only engage sub-contractors and/or labour hire companies who apply wages and conditions that are no less favourable than the terms and conditions provided in this Agreement. 20.3 The employer agrees to consult with potentially affected employees and the Union as soon as practicable and not less than fourteen (14) days before commencement of work by sub – contractors and / or labour hire. If consultation does not occur, or if the employer has less than fourteen (14) days’ notice of the need to commence work, consultation will occur as soon as practicable - and in any case not more than fourteen (14) days after the contractors or labour hire commence work. 20.4 A sub - contractor or a labour hire worker will be engaged according to the following terms:- 20.4.1 the sub - contractor or the employer of the labour hire worker will apply wages, allowances and terms and conditions of employment (including but not limited to Incolink – redundancy and insurances, superannuation and My Leave payments) that are no less favourable than the wages, allowances and terms and conditions of employment provided in the Agreement; and 20.4.2 the sub - contractor or the employer of the labour hire worker will have its own safe work method statements and OHS Plans; and 20.4.3 the sub - contractor or the labour hire worker will hold current public liability and worker’s compensation insurances; and

SHAM CONTRACTING. Whilst the employer may engage labour hire for a variety of reasons, the employer acknowledges that it is not its intention to use supplementary labour to undermine the employment security and terms and conditions of employment under the Agreement. 20.1 The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this Agreement. 20.2 Where the employer makes a definite decision to engage a sub - contractor and / or a labour hire worker to perform work covered by the Agreement, the employer must consult in good faith with potentially affected employees and the Union. For the performance of work that would be covered by this Agreement if it were performed by direct employees of the employer, the The employer shall only engage sub-sub- contractors and/or labour hire companies companies, to do work that is covered by this Agreement, who apply wages and conditions that are no less favourable than the terms and conditions provided in this Agreement. 20.3 The employer agrees to consult with potentially affected employees and the Union as soon as practicable prior to engaging a sub – contractor and / or labour hire, and not less than fourteen (14) days before the commencement of the work by sub – contractors contractor and / or labour hirehire worker. If consultation does not occur, Engagement of Sub – Contractor and / or if the employer has less than fourteen (14) days’ notice of the need to commence work, consultation will occur as soon as practicable - and in any case not more than fourteen (14) days after the contractors or labour hire commence work.Labour Hire Worker 20.4 A sub - contractor or a labour hire worker will be engaged according to the following terms:- 20.4.1 the sub - contractor or the employer of the labour hire worker will apply wages, allowances and terms and conditions of employment (including but not limited to Incolink – redundancy and insurances, superannuation and My Leave payments) that are no less favourable than the wages, allowances and terms and conditions of employment provided in the Agreement; and 20.4.2 the sub - contractor or the employer of the labour hire worker will have its own safe work method statements and OHS Plans; and 20.4.3 the sub - contractor or the labour hire worker will hold current public liability and worker’s compensation insurances; and

SHAM CONTRACTING. Whilst the employer may engage labour hire for a variety of reasons, the employer acknowledges that it is not its intention to use supplementary labour to undermine the employment security and terms and conditions of employment under the Agreement. 20.1 The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this Agreement. 20.2 Where the employer makes a definite decision to engage a sub - ‐ contractor and / or a labour hire worker to perform work covered by the Agreement, the employer must consult in good faith with potentially affected employees and the Union. For the performance of work that would be covered by this Agreement if it were performed by direct employees of the employer, the The employer shall only engage sub-sub‐ contractors and/or labour hire companies companies, to do work that is covered by this Agreement, who apply wages and conditions that are no less favourable than the terms and conditions provided in this Agreement. 20.3 The employer agrees to consult with potentially affected employees and the Union as soon as practicable prior to engaging a sub – contractor and / or labour hire, and not less than fourteen (14) days before the commencement of the work by sub – contractors contractor and / or labour hirehire worker. If consultation does not occur, Engagement of Sub – Contractor and / or if the employer has less than fourteen (14) days’ notice of the need to commence work, consultation will occur as soon as practicable - and in any case not more than fourteen (14) days after the contractors or labour hire commence work.Labour Hire Worker 20.4 A sub - ‐ contractor or a labour hire worker will be engaged according to the following terms:-terms:‐ 20.4.1 the sub - ‐ contractor or the employer of the labour hire worker will apply wages, allowances and terms and conditions of employment (including but not limited to Incolink – redundancy and insurances, superannuation and My Leave payments) that are no less favourable than the wages, allowances and terms and conditions of employment provided in the Agreement; and 20.4.2 the sub - ‐ contractor or the employer of the labour hire worker will have its own safe work method statements and OHS Plans; and 20.4.3 the sub - ‐ contractor or the labour hire worker will hold current public liability and worker’s compensation insurances; and