sec.3AWho is an eligible worker

sec.3A Who is an eligible worker

An eligible worker is an individual who— under a contract of service is engaged to perform work in the building and construction industry for the majority of the person’s ordinary hours of work; or under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform work in the building and construction industry, for labour only or substantially for labour only, for the majority of the person’s ordinary hours of work; or under a contract, whether or not the contract is a contract of service, performs work in the building and construction industry for the majority of the person’s ordinary hours of work, unless— the individual— is paid to achieve a stated result or outcome; and has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and is, or would be, liable for the cost of fixing a fault with the work performed; or a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60 Also, eligible worker includes— an individual who is engaged to perform both work and supervision of other workers in the building and construction industry, whether or not the individual is known as a supervisor, leading hand or another title; and an individual who is appointed as a safety officer by the person conducting a business to advise the person in relation to work health and safety duties under the Work Health and Safety Act 2011 , in relation to building and construction work, whether or not the individual performs or usually performs building and construction work. This section is subject to section 3B . s 3A ins 1998 No. 44 s 6 amd 2000 No. 61 s 34 sub 2005 No. 27 s 5 amd 2011 No. 18 s 319 (sec.3A-ssec.1) An eligible worker is an individual who— under a contract of service is engaged to perform work in the building and construction industry for the majority of the person’s ordinary hours of work; or under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform work in the building and construction industry, for labour only or substantially for labour only, for the majority of the person’s ordinary hours of work; or under a contract, whether or not the contract is a contract of service, performs work in the building and construction industry for the majority of the person’s ordinary hours of work, unless— the individual— is paid to achieve a stated result or outcome; and has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and is, or would be, liable for the cost of fixing a fault with the work performed; or a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60 (sec.3A-ssec.2) Also, eligible worker includes— an individual who is engaged to perform both work and supervision of other workers in the building and construction industry, whether or not the individual is known as a supervisor, leading hand or another title; and an individual who is appointed as a safety officer by the person conducting a business to advise the person in relation to work health and safety duties under the Work Health and Safety Act 2011 , in relation to building and construction work, whether or not the individual performs or usually performs building and construction work. (sec.3A-ssec.3) This section is subject to section 3B .