2AContractors under labour hire services arrangements

2A Contractors under labour hire services arrangements

2A Contractors under labour hire services arrangements

(1) In this clause—

labour hire services contract means a contract or arrangement (not being a contract of service or a training contract) under which a person is provided with services to facilitate the performance of work by the person, such as the following services—

(a) services for finding work for the person,

(b) services for payment for work performed by the person,

(c) services for insurance coverage in connection with any such work.

(2) If—

(a) a person (a labour hire agency) under a labour hire services contract with another person (a contractor) arranges for the contractor to perform work for a third person (the host employer), and

(b) the work performed is not incidental to a trade or business regularly carried on by the contractor in the contractor’s own name or under a business or firm name, and

(c) the contractor neither employs any worker, nor subcontracts with any person, to perform any of that work, and

(d) the labour hire agency provides services to the contractor under the labour hire services contract during the performance of that work,

the contractor is, for the purposes of this Act, taken to be a worker employed by the labour hire agency while performing that work.

(3) For the avoidance of doubt, this clause applies—

(a) where a labour hire agency and a host employer are related bodies corporate, and

(b) in addition to any other provisions of this Act relating to the employment of workers.