15PMeaning of employee‑like worker

15P  Meaning of employee‑like worker  (1) A person is an employee‑like worker if:  (a) the person is:  (i) an individual who is a party to a services contract in their capacity as an individual (other than as a principal), and performs work under the contract; or  (ii) if a body corporate is a party to a services contract (other than as a principal)—an individual who is a director of the body corporate, or a member of the family of a director of a body corporate, and performs work under the contract; or  (iii) if a trustee of a trust is a party to a services contract in their capacity as a trustee (other than as a principal)—an individual who is a trustee of the same trust and performs work under the contract, whether or not the individual is a party to the contract; or  (iv) if a partner in a partnership is a party to a services contract in their capacity as a partner (other than as a principal)—an individual who is a partner in the same partnership and performs work under the contract, whether or not the individual is a party to the contract; and  (b) the person performs all, or a significant majority, of the work to be performed under the services contract; and  (c) the work that the person performs under the services contract is digital platform work; and  (d) the person does not perform any work under the services contract as an employee; and  (e) the person satisfies 2 or more of the following:  (i) the person has low bargaining power in negotiations in relation to the services contract under which the work is performed;  (ii) the person receives remuneration at or below the rate of an employee performing comparable work;  (iii) the person has a low degree of authority over the performance of the work;  (iv) the person has such other characteristics as are prescribed by the regulations.  (2) In this Part, a reference to an independent contractor includes a reference to an individual who is an employee‑like worker within the meaning of subsection (1).  (3) Regulations made for the purposes of subparagraph (1)(e)(iv) may specify that a person must have all or only one or some of the characteristics prescribed.  (4) For the purposes of determining whether an individual satisfies the criteria specified in paragraph (1)(e), the effect of a minimum standards order, minimum standards guidelines or a collective agreement applying to, or covering, the individual is to be disregarded. Subdivision C—Road transport industry 15Q  Meaning of regulated road transport contractor  (1) A person is a regulated road transport contractor if:  (a) the person is:  (i) an individual who is a party to a services contract in their capacity as an individual (other than as a principal), and performs work under the contract; or  (ii) if a body corporate is a party to a services contract (other than as a principal)—an individual who is a director of the body corporate, or a member of the family of a director of a body corporate, and performs work under the contract; or  (iii) if a trustee of a trust is a party to a services contract in their capacity as a trustee (other than as a principal)—an individual who is a trustee of the same trust and performs work under the contract, whether or not the individual is a party to the contract; or  (iv) if a partner in a partnership is a party to a services contract in their capacity as a partner (other than as a principal)—an individual who is a partner in the same partnership and performs work under the contract, whether or not the individual is a party to the contract; and  (b) the person performs all, or a significant majority, of the work to be performed under the services contract; and  (c) the person does not perform any work under the services contract as an employee; and  (d) the work performed under the services contract is work in the road transport industry; and  (e) the person is not an employee‑like worker who performs work in the road transport industry under the services contract.  (2) In this Part, a reference to an independent contractor includes a reference to an individual who is a regulated road transport contractor within the meaning of subsection (1). 15R  Meaning of road transport business  (1) A person is a road transport business if the person:  (a) receives services under a services contract, where the services contract provides for the performance of work in the road transport industry; or  (b) is a constitutional corporation, or is included in a class of constitutional corporations, prescribed by the regulations for the purposes of this paragraph.  (2) For the purposes of paragraph (1)(b), a business or undertaking may be specified by name or by inclusion in a specified class or specified classes. 15RA  Meanings of road transport contractual chain and in a road transport contractual chain  (1) A road transport contractual chain means a chain or series of contracts or arrangements:  (a) under which work is performed for a party to the first contract or arrangement in the chain or series by a regulated road transport contractor or a road transport employee‑like worker under a services contract, or by an employee; and  (b) in which at least one party to the first contract or arrangement in the chain or series is a constitutional corporation.  (2) A person is in a road transport contractual chain if:  (a) the person is a party (a primary party) to the first contract or arrangement in the road transport contractual chain; or  (b) the person is a party (a secondary party) to a subsequent contract or arrangement in the road transport contractual chain, being a contract or arrangement under which work is performed for the secondary party by a regulated road transport contractor or a road transport employee‑like worker under a services contract, or by an employee; or  (c) the person is a regulated road transport contractor or a road transport employee‑like worker who performs work under a services contract in the road transport contractual chain.  (3) Despite subsection (2), an individual is not in a road transport contractual chain in relation to:  (a) the delivery of a thing to the individual by a regulated road transport contractor, a road transport employee‑like worker or an employee, if the delivery of the thing is solely for the individual’s private or domestic purposes; or  (b) the consignment of a thing by the individual for delivery by a regulated road transport contractor, a road transport employee‑like worker or an employee if the consignment of the thing is solely for the individual’s private or domestic purposes; or  (c) work performed by the individual in the capacity of an employee; or  (d) work performed by the individual in an industry prescribed by the regulations for the purposes of this subsection.  (4) For the purposes of paragraph (3)(d):  (a) an industry may be specified by name or by inclusion in a specified class or specified classes; and  (b) an industry may be specified in respect of work in the road transport industry, or in respect of specified forms of such work.  (5) For the purposes of subsection (1), work performed by a regulated road transport contractor or a road transport employee‑like worker under a services contract, or by an employee, in a chain or series of contracts or arrangements:  (a) is taken to be performed for the person who engaged the regulated road transport contractor, road transport employee‑like worker or employee; and  (b) is also taken to be performed for each party to a contract or arrangement in the chain or series of contracts or arrangements.  (6) This section also has the effect that it would have if it only applied to a secondary party to the extent that rights conferred on, and obligations imposed on, the secondary party by Chapter 3B have, or are likely to have, an impact on the business of the constitutional corporation that is a primary party to the first contract or arrangement in a road transport contractual chain.  (7) This section also has the effect that it would have if it only applied to a secondary party to a contract or arrangement in a road transport contractual chain that:  (a) is a constitutional corporation; or  (b) is a party to a contract with a constitutional corporation; or  (c) is a national system employer to the extent that it engages national system employees to perform work in the road transport industry; or  (d) is a regulated business; or  (e) is engaged in constitutional trade or commerce; or  (f) is incorporated in a Territory; or  (g) is prescribed by the regulations. 15RB  Meaning of a road transport employee‑like worker   A road transport employee‑like worker means an employee‑like worker who performs work in the road transport industry.