40Activities that do not give rise to employment under certain industrial relations legislation

#### 40 Activities that do not give rise to employment under certain industrial relations legislation (1) If a person: (a) participates in an approved program of work for income support payment or in an employment program; or (b) undertakes an activity (other than paid work) in accordance with a requirement, or an optional term, of an employment pathway plan; the person is not to be taken to be one of the following merely because of that participation or of the undertaking of that activity: (c) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (d) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; (e) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (f) an employee for the purposes of the Fair Work Act 2009. (2) For the purposes of this section, an employment program is a program that is established by the Commonwealth and is determined in an instrument under subsection (3) to be an employment program. (3) The Employment Secretary may, by notifiable instrument, determine programs to be employment programs for the purposes of subsection (2). Chapter 2—Pensions, benefits and allowances