Sham Contracting and ABN Worker Issues

Law Tram’s Sham Contracting Consultation simplifies the process by connecting you with licensed Australian lawyers who can offer tailored legal advice specific to your situation. This free, fully online, and obligation-free service ensures you receive expert guidance every step of the way.

Working on an ABN but Treated Like an Employee? You Might Be in a Sham Contracting Arrangement

Some businesses wrongly treat employees as contractors to avoid paying entitlements like superannuation, leave, and award wages. This is known as sham contracting and it’s unlawful under the Fair Work Act.

If you’re working under an ABN but expected to follow set hours, take direction, or can’t subcontract your work, you might legally be considered an employee even if you signed a contract that says otherwise.

Law Tram connects you with lawyers who can help determine your true legal status and explore your options if your rights are being denied.

Law Tram's Legal Partners can assist with ABN worker matters, including:

Assessing whether you're a genuine contractor or employee
Advising on unlawful sham contracting arrangements
Assisting with claims for unpaid entitlements like leave and super
Responding to dismissal or loss of work as a result of speaking up
Reviewing written agreements and working conditions
Supporting complaints to the Fair Work Ombudsman or ATO
Helping employers understand their obligations and avoid penalties
Advising on protections for gig economy and platform workers
Explaining the difference between contractor flexibility and employer control
Seeking backpay or reinstatement in appropriate cases

Why Choose Law Tram

How It Works

Confidential and Secure Questionnaire

Start by completing our secure online questionnaire. This step allows you to provide essential details about your work arrangement and concerns.

Confidential Legal Summary

Law Tram’s advanced technology generates a confidential legal summary of your matter while keeping your personal and work details private.

Review by Licensed Australian Lawyers

Your confidential legal summary is shared with our network of vetted lawyers who review your case to determine how they can assist.

Connect with a Lawyer

If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.

No Obligation

You are under no pressure to retain any lawyer unless you are confident in their ability to assist. Law Tram empowers you to make informed decisions.

What Others Are Saying

Law Tram User

I was paid on an ABN for two years, but I had no say in anything. The lawyer helped me claim my unpaid super and leave.

Law Tram User

My boss said I was a contractor, but I worked full-time and couldn’t subcontract. The lawyer explained my rights.

Law Tram User

They reviewed my contract and helped me negotiate better terms without losing the job.

Legal Information Only – Not a Substitute for Advice

This page provides general legal information only. It is not legal advice and should not be relied on as such. Sham contracting matters can involve legal technicalities and tight timeframes. You should seek advice from an Australian Legal Practitioner before taking or delaying any action.

Take the First Step Toward Resolution

Law Tram’s Sham Contracting Consultation offers a secure, efficient and supportive way to connect with expert legal help. Whether you’re working under an ABN or managing contractors in your business, our platform ensures you receive tailored advice from qualified lawyers.

Start your free, confidential consultation today. Please note that Law Tram does not assist in finding legal aid lawyers. If you are seeking legal aid, visit our dedicated legal aid page for more information.

Take the first step toward clarifying your legal status and protecting your rights at work.

Frequently Asked Questions

What is sham contracting?

Sham contracting occurs when an employer falsely treats someone as an independent contractor when they’re legally an employee.

Why does it matter if I’m a contractor or employee?

Employees are entitled to minimum pay, leave, super and unfair dismissal protections. Contractors usually aren’t.

Can I still be considered an employee if I have an ABN?

Yes. Your legal status depends on how the work is performed, not just what the contract says or whether you have an ABN.

What can I do if I think I’m in a sham contracting arrangement?

You may be able to recover unpaid entitlements or report the employer. A lawyer can advise on the best approach.

Can employers get in trouble for sham contracting?

Yes. There are penalties under the Fair Work Act for misrepresenting employment arrangements.