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.