Fair Work Act 2009

For the purpose of furthering the objective stated in subsection 789BB(4), the regulations may do either or both of the following in relation to TCF outworkers (deemed employees) who are taken by section 789BB to be employees of other persons (deemed employers) in relation to TCF work:

provide that provisions covered by this Division apply in relation to deemed employees and deemed employers with specified modifications;

otherwise make provision relating to how provisions covered by this Division apply in relation to deemed employees and deemed employers.

Regulations made for the purposes of subsection (1) may provide differently:

for the purposes of different provisions; or

in relation to different situations.

This section does not allow regulations to:

modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence; or

include new provisions that create offences.