Fair Work Sham Contracting Complaint Form

Sham contracting occurs when an employer treats an employee as an independent contractor to avoid providing entitlements like superannuation, leave, and fair wages. If you believe you've been misclassified as a contractor when you're actually an employee, this Fair Work sham contracting complaint form helps you gather the evidence needed to support your claim.

This template is designed for Australian workers who suspect they've been engaged under a sham contracting arrangement. It systematically collects information about your working relationship, payment arrangements, control over work, and other indicators that determine true employment status under Australian workplace law.

Who should use this form?

This form is essential for workers across construction, hospitality, delivery services, IT consulting, healthcare, and creative industries—anywhere independent contracting is common but sometimes misused. HR professionals, industrial relations officers, union representatives, and workplace lawyers can also use this template to help clients document their claims comprehensively.

What makes this form effective?

The form guides complainants through the multi-factor test used by Fair Work to determine employment relationships, including questions about:

• Control and direction: Who decides when, where, and how you work?
• Financial arrangements: How are you paid, who provides equipment, and can you delegate work?
• Integration: Are you part of the business or running your own enterprise?
• Entitlements: What hasn't been paid that should have been?

By collecting this structured evidence upfront, you create a stronger foundation for your complaint and help Fair Work assessors understand your situation quickly.

Streamline your workflow with Paperform + Stepper

Once you receive a sham contracting complaint, Stepper can automate your response workflow: send acknowledgment emails, create case files in your document management system, notify relevant team members, and schedule follow-up tasks—all triggered automatically from the form submission. For legal practices and IR consultants managing multiple cases, this means less administrative work and faster response times for clients who need urgent help.

This template helps protect workers' rights while giving employers and advisors a clear, compliant way to gather information about potential workplace violations.