Power to declare persons to be employees or employers
465 Power to declare persons to be employees or employers
The full bench may, on application by an entity mentioned in section 466, make an order declaring—
a class of persons who perform work in an industry under a contract for services to be employees; and
a person to be an employer of the employees.
The full bench may make an order only if it considers the class of persons would be more appropriately regarded as employees.
In considering whether to make an order, the full bench may consider—
the relative bargaining power of the class of persons; or
the economic dependency of the class of persons on the contract; or
the particular circumstances and needs of low-paid classes of persons; or
whether the contract is designed to, or does, avoid the provisions of an industrial instrument; or
whether the contract is designed to, or does, exclude the operation of the Queensland minimum wage; or
the particular circumstances and needs of particular classes of persons including women, persons from a non-English speaking background, young persons and outworkers; or
the consequences of not making an order for the class of persons.
In this section—
contract includes—
an arrangement or understanding; and
a collateral contract relating to a contract.
industrial instrument includes a federal industrial instrument.
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