CCBR Business Review

8 IN ITS LATEST newsletter to members the Gosford Erina Business Chamber says that in 2025 it will focus on de-amalgamating the Hunter Central Coast Development Corporation and continue to advocate for a new Gosford TAFE as well as promote development of the Gosford Waterfront. They say that following widespread concerns about the Hunter Central Coast Development Corporation’s (HCCDC) handling of the Gosford waterfront, calls for a localised, community-focused Development Authority are growing louder. The proposed Central Coast Development Corporation (CCDC) has sparked interest across the region, with business leaders, residents and local organisations rallying behind the idea. The criticisms of HCCDC’s management have resonated with many, particularly regarding the lack of progress, uninspired proposals, and the failure to reflect community aspirations. The Gosford waterfront, envisioned as a vibrant precinct that could marry natural beauty with cultural and economic vibrancy, has instead languished under inadequate stewardship. This dissatisfaction has fuelled discussions about the need for an entity that truly understands the Central Coast’s identity and priorities. Local leaders are taking the issue seriously. Several prominent voices in the Central Coast business and civic communities have begun advocating for the CCDC as a solution to the HCCDC’s perceived shortcomings. The idea has gained traction in Council discussions, advocacy groups and on social media platforms, with residents expressing frustration over stalled progress and a lack of consultation. Gosford Waterfront The Gosford waterfront represents an opportunity to set a new standard for development in the region—one that prioritises public spaces, cultural hubs and environmentally sustainable projects while driving economic growth. Achieving this vision requires leadership that is not only ambitious, but also deeply connected to the community it serves. This will be a key focus for the GEBC Board and its members for 2025. The Case for a New TAFE Campus Central Coast is poised for a transformative opportunity with the development of an integrated education precinct in Gosford and at its heart lies the potential for a new, state-of-the-art TAFE campus. A completely new TAFE campus would not only meet the growing demand for vocational education but also serve as a catalyst for economic, cultural, and social revitalisation in the region. By constructing a new TAFE campus, the government can provide Gosford with: • Expanded Capacity: Larger, state-ofthe-art facilities to cater to an increasing number of students. • Modern Technology: Training centres equipped with the latest tools and technologies, essential for preparing students for high-demand fields. • Integrated Services: A campus designed to complement the broader education precinct including affordable housing, commercial spaces and cultural hubs such as the Central Coast Conservatorium of Music. BUSINESS NEWS Chamber sets the agenda for 2025 – Break up HCCDC, new TAFE, Waterfront WHAT ARE THE new changes, what has happened since the new changes and how can your business protect itself against sham contracting claims? Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong. This makes it challenging to manage an employment relationship you didn’t even know existed and raises questions about how you can best protect your workplace against claims of sham contracting. What is sham contracting? The two most usual ways for businesses to engage an individual’s services are either: 1. As an employer / employee relationship; or 2. As a principal / contractor relationship (most commonly engaging as sole traders, rather than via companies). Sham contracting occurs when workers who should be regarded as employees are knowingly or recklessly misclassified as independent contractors. Approaches to sham contracting have changed several times and changed again in 2024 following the Government’s Closing Loopholes Act updates. Sham contracts and the Fair Work Act Under the changes to the Fair Work Act (the Act). The changes expose employers to a damages and a civil penalty if an employer misleads: - a current employee whom the employer wants to convert to work as a contractor or - anyone being offered work as a contractor Why does sham contracting occur? Often employers are motivated to convert current employees to be contractors or simply engage third parties to be contractors to avoid what employers see as the overheads of employing people, awards, personal (sick) leave, annual leave and unfair dismissal. A properly engaged contractor arrangement does not involve (what employers often see as) those burdens. These arrangements have led to an ongoing concern that the enhanced entitlements available to employees deter some employers Employee or Contractor? - What the law says about Sham Contracts CONTINUED ON PAGE 15 By Warwick Ryan, Partner, Hicksons Lawyers CENTRAL COAST BUSINESS REVIEW FEBRUARY 2025

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