sec.7Meaning of provider and labour hire services

sec.7 Meaning of provider and labour hire services

A person (a provider ) provides labour hire services if, in the course of carrying on a business, the person supplies, to another person, a worker to do work. a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower a group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer an employment agency who on-hires temporary administration staff to a business Without limiting subsection (1) , a provider provides labour hire services regardless of— whether or not the worker is an employee of the provider; and whether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and whether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and whether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person. However, a person does not provide labour hire services merely because— the person is a private employment agent under the Private Employment Agents Act 2005 ; or the person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 , section 10 , and engages subcontractors to carry out the work; or the person is, or is of a class of person, prescribed by regulation. A regulation may prescribe a person, or a class of person, under subsection (3) (c) only if the supply of a worker by the person or class of person is not a dominant purpose of the business ordinarily carried on by the person or class of persons. (sec.7-ssec.1) A person (a provider ) provides labour hire services if, in the course of carrying on a business, the person supplies, to another person, a worker to do work. a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower a group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer an employment agency who on-hires temporary administration staff to a business (sec.7-ssec.2) Without limiting subsection (1) , a provider provides labour hire services regardless of— whether or not the worker is an employee of the provider; and whether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and whether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and whether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person. (sec.7-ssec.3) However, a person does not provide labour hire services merely because— the person is a private employment agent under the Private Employment Agents Act 2005 ; or the person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 , section 10 , and engages subcontractors to carry out the work; or the person is, or is of a class of person, prescribed by regulation. (sec.7-ssec.4) A regulation may prescribe a person, or a class of person, under subsection (3) (c) only if the supply of a worker by the person or class of person is not a dominant purpose of the business ordinarily carried on by the person or class of persons.