Sham contracting

During the reporting period, the ABCC received 189 sham contracting enquiries. Of the 189 enquiries, the ABCC upgraded 63 to investigation status.

Table 2.14 shows the outcome of enquiries, with around a third upgraded to investigation status.

Table 2.15 shows the status of sham contracting-related investigations, with 105 closed.

Table 2.16 shows the outcome of these investigations.

TABLE 2.14 SHAM CONTRACTING – OUTCOME OF ENQUIRIES

Outcome	Number
Information provided	102
Initiated targeted audit	1
Internal referral Code to Field Operations	2
Referred to other Agency	3
Referred to relevant Federal Agency	8
Referred to relevant State Agency	10
Upgrade to investigation	52
Upgrade to preliminary investigation	11
Total	189

TABLE 2.15 SHAM CONTRACTING – STATUS OF INVESTIGATIONS

TABLE 2.16 SHAM CONTRACTING – OUTCOME OF INVESTIGATIONS

Outcome	Number
Court – penalty imposed	1
Finalised – compliance notice	1
Finalised – education session provided	4
Finalised – insolvent employer	1
Finalised – insufficient evidence	31
Finalised – legal advice not to proceed	1
Finalised – letter of caution	12
Finalised – no breach identified	69
Finalised – referred to external department	6
Finalised – settled	19
Finalised – targeted audit commenced	1
Finalised – via external department	1
Total	147

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