Long Service Leave (Portable Schemes) Act 2009

A person is an employer, for a covered industry, if the person—

either—

for the hairdressing and beauty services industry or the accommodation and food services industry—conducts business in the ACT for the predominant purpose of engaging in the industry; or

for any other industry—engages, in any way and to any extent, in the industry in the ACT; and

either—

employs someone else (whether in the ACT or elsewhere) to carry out work of the kind usually done in the industry; or

is declared to be an employer for the industry under section 12 (Declarations by Minister—additional coverage of Act).

Note An employer for a covered industry must apply for registration under s 31.

Also, a person is an employer for a covered industry if—

the person employs or engages someone else (a worker) to carry out work in the industry for another person engaged in the industry in the ACT for a fee or reward; and

there is no contract to carry out the work between the worker and the person for whom the work is carried out.

Note This section does not make an employment agent the employer of those for whom the agency finds work if the workers are engaged directly by the person for whom the work is to be carried out.

However, the following are not employers:

the Territory;

the Commonwealth;

the Australian National University;

the University of Canberra;

for a stated covered industry—an entity prescribed in the covered industry schedule for the covered industry;

a person declared not to be an employer for the industry under section 13;

a person prescribed by regulation.

Note 1 Covered industry schedule—see the dictionary.

Note 2 Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).