We have said it, time and time again: There is no place in modern-Australia for non-compliant, convoluted contracting arrangements. They are illegal, immoral and they ruin the reputation of an industry that otherwise provides individuals with the opportunity to establish their own enterprise and be the creators of their own success.
Last week, in Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd  HCA 45, we saw the High Court extend Section 357 of the Sham Contracting provisions to third party engagement models. Certica® welcomes this extension, as we see far too many third parties that are misrepresenting their offerings to their clients. They claim that just by using their services, they are able to avoid or circumvent the statutes related to independent contractors.
The benefits to businesses and individuals that partake in compliant contracting arrangements are unparalleled: flexibility, result-based remuneration and autonomy, to name a few. However, there are still certain obligations that both parties may be required to meet, such as Workers’ Compensation, Superannuation and Payroll Tax. Simply engaging a third party provider does not negate your (or your contractors’ or any third party’s) legal obligations to these costs.
The facts of the Quest South Perth Pty Ltd (Quest) case are clear; this was a blatant misclassification of workers.