7AMeaning of total wages

7A Meaning of total wages total wages means total wages worked out as prescribed by regulation. (2) The Legislation Act, section 47 (3) does not apply to a regulation

Notes about ch 3 Note 1 Working out who is a worker The following chart is a guide for working out if a person (X) is a worker for this Act.Yes No No No Yes Yes No Yes Yes No Yes Yes No No Yes No Is X taken to be a worker under this chapter?  regular contractor (s 11)  labour hire (s 12)  trainee (s 14)  outworker (s 15)  timber contractor (s 16)  family day care educator (s 16A)  religious worker (s 17)  commercial voluntary worker (s 18)  public interest voluntary worker (s 19) • Does X work under a contract of service (s 8) Is X a public servant (ACT/Cwlth)? (s 9 (1)) Is X an unnotified working family member? (s 9 (2), (3)) Is X a casual employee under s 10 (1)? Was X’s work found through an employment agent? (s 10 (2)) Is X otherwise a worker under this chapter? (s 10 (1) (b), (c)) Is X an unnotified working family member? (s 9 (2), (3))

Note 2 Payment for work Most people who are workers under this chapter are employed or engaged under a contract with someone else. At common law, a contract cannot exist unless there is a valuable exchange between the people on both sides of the contract, by which— • the employee (or contractor) provides labour to the employer (or principal); and • the employer (or principal), in exchange, provides payment to the employee (or contractor), including non-monetary rewards (eg payment in kind). The exceptions under this chapter are those who are taken to be workers under s 14 (Trainees), s 16A (Family day care educators), s 17 (Religious workers), s 18 (Commercial voluntary workers) and s 19 (Public interest voluntary workers). Trainees and religious workers may or may not be paid for their labour. Voluntary workers (under s 18 and s 19) are those that are paid only for expenses (if that). Note 3 Subcontracting and labour hire (effect of s 13) The Act applies in a special way to subcontracting arrangements, by which— • a worker is engaged to work for a person who is the employer of the worker (under this chapter); and • the employer has engaged the worker to fulfil a contract the employer has with someone else (in this note, a principal) to do work for the principal’s trade or business. Under s 13, the principal is liable to pay compensation to the worker if the worker is injured. The principal may, however, recover the compensation paid from the employer. These situations may be complicated by the involvement of labour hirers, who may in some circumstances be taken to be the employer of workers engaged to do work for a principal (see s 12). Here are 3 illustrations of different subcontracting arrangements: Arrangement 1 No labour hirer A bricklayer’s labourer (the worker) is employed by a bricklayer (the employer) to assist the bricklayer to fulfil a contract between the bricklayer and a builder (the principal). The bricklayer is the labourer’s employer.