Skip to main content
FairWorkMate

Sham Contracting Self-Test — Am I an Employee?

Engaged with an ABN but suspect you're actually an employee? Run the 12-factor test based on Personnel Contracting [2022] HCA + 2024 Closing Loopholes. Get a scored verdict + recoverable entitlements.

Last verified: 23 July 2026Jump to calculator ↓

SHAM CONTRACTING SELF-TEST

Engaged with an ABN but you suspect you're really an employee? Run the 12-factor totality-of-relationship test. Based on the post- Personnel Contracting [2022] HCA framework + 2024 Closing Loopholes definitions. Sham contracting penalties from 1 July 2026: up to A$21,840 per contravention for individuals, A$109,200 for a company with fewer than 15 employees, and A$546,000 for a company with 15 or more employees.

Answer each factor. "Not sure" is left out of the score.

The hiring business controls HOW the work is done (sets methods, supervises closely)

The hiring business controls HOW the work is done (sets methods, supervises closely)

The business sets your hours and days of work

The business sets your hours and days of work

You work at the business's premises (most of the time)

You work at the business's premises (most of the time)

You work for this business only (no other clients during this engagement)

You work for this business only (no other clients during this engagement)

You wear the business's uniform or branding

You wear the business's uniform or branding

The business provides the tools, equipment, vehicle, computer, software you use

The business provides the tools, equipment, vehicle, computer, software you use

You're paid a fixed regular amount (weekly/fortnightly) — not invoiced for output or projects

You're paid a fixed regular amount (weekly/fortnightly) — not invoiced for output or projects

You CANNOT delegate the work to someone else (must perform personally)

You CANNOT delegate the work to someone else (must perform personally)

You bear no financial risk — the business pays you regardless of profit

You bear no financial risk — the business pays you regardless of profit

You receive paid leave, super, or other employee-type benefits

You receive paid leave, super, or other employee-type benefits

The engagement has run continuously for 6+ months at the same business

The engagement has run continuously for 6+ months at the same business

Your ABN and invoices are the only things that make you look like a 'contractor' (no business of your own beyond that)

Your ABN and invoices are the only things that make you look like a 'contractor' (no business of your own beyond that)

Not enough information yet

Answer Yes or No to at least 8 of the 12 factors to see a result (0 answered so far). Factors you're not sure about are worth checking against your contract and how the work actually happens day to day.

If you suspect sham contracting

  1. Document the relationship: invoices, work patterns, communications, who provides what equipment.
  2. Lodge an unpaid super enquiry with the ATO (separate process from FWO).
  3. Lodge a Fair Work Ombudsman online tip-off (anonymous option). FWO has substantial sham-contracting enforcement priority.
  4. For large amounts or complex matters: get an employment lawyer involved.
  5. Use Contractor or Employee Check for the more detailed test.

Cited answers from the Fair Work Act, modern awards and Fair Work Commission decisions. 1 free question, 1 more with a free account.

FairWork Mate AI

Is the figure right for you?

The advisor reads your payslip, contract or letter against the Fair Work Commission case library and cites the decision behind every answer.

Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.

Just need today sorted? A Day Pass is 25 questions over 24 hours, no account. Get a Day Pass — $4.99

Get pay and rights updates for your job

Free email updates when award rates, the minimum wage or workplace laws change.

Free forever. No spam. Unsubscribe anytime.

General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

Related Tools

Embed the Sham Contracting Self-Test — Am I an Employee? on your site, free. Get the code →