Where an employer supplies labour to clients under formal written contracts that specify security tasks and functions to be performed, the supply falls within the exclusions to the definition of 'labour hire' in the WorkCover Insurance Premiums Order, even if the clients exercise day-to-day direction and control over the supplied workers. The contractual arrangement, not the practical manner of performance, is the starting point for the classification. On an appeal de novo under s 36J, the onus of proving the facts necessary to establish a particular industry classification lies on the party seeking to establish that classification.
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