sec.9Who is a worker

sec.9 Who is a worker

A worker is an individual who— under a contract of service is engaged to perform cleaning work in the contract cleaning industry; or under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry 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, worker includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or another title. To remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry. However, worker does not include an individual who performs work in the contract cleaning industry— in a managerial or clerical capacity; or under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or under a contract of service with the Commonwealth, the State or a local government; or under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee. s 9 amd 2009 No. 38 s 19 (sec.9-ssec.1) A worker is an individual who— under a contract of service is engaged to perform cleaning work in the contract cleaning industry; or under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry 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.9-ssec.2) Also, worker includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or another title. (sec.9-ssec.2A) To remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry. (sec.9-ssec.3) However, worker does not include an individual who performs work in the contract cleaning industry— in a managerial or clerical capacity; or under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or under a contract of service with the Commonwealth, the State or a local government; or under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.