A labour hire contract whereby a labour hire company supplies workers to a principal, with the workers taking day-to-day direction from the principal, is a contract 'for the execution of any work by or under the contractor' within s 175(1) of the Workers' Compensation and Rehabilitation Act 1981 (WA). The principal is therefore a deemed employer and the statutory limitations on common law damages in Division 2 of Part IV apply. Maintenance of accommodation amenities at a remote mine site is 'directly a part or process in the trade or business' of operating the mine for the purposes of s 175(3).
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.