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Sham Contracting & WHS Duty Self-Check

Check whether a worker is really a contractor or a sham arrangement under Fair Work Act s357 — and confirm your WHS duty of care applies to the worker either way (model WHS Act s7/s19). General information, not legal advice.

Last verified: 21 June 2026Jump to calculator ↓

This is an indicator, not a legal finding. Calling someone a contractor does not make them one. This self-check flags whether an arrangement looks like a possible sham under the Fair Work Act, and confirms the key point on safety: your WHS duty of care applies to the worker either way. It is general information, not legal advice. Get advice before relying on it.

About the arrangement

Answer about how the work really happens — not what the contract calls it. Each answer is a signal toward either an employee relationship or genuine contracting.

Does the person work set hours under your direction?

You set the roster or hours and direct how the work is done day to day.

Do they run their own genuine business with their own ABN?

A real business of their own — quoting other clients, their own ABN, not just an ABN you asked them to get.

Do they mainly provide their own tools and equipment?

They supply the major tools, vehicle or equipment, rather than using yours.

Can they delegate or subcontract the work to someone else?

A genuine right to send a substitute or subcontract, not a personal-service-only arrangement.

Do they work for you on an ongoing and largely exclusive basis?

Long-running and mostly just for you, rather than job-by-job for many clients.

How are they paid?

Paid for the time they work points to employment; paid a quoted price for a result points to contracting.

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

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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.

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