Meaning of labour hire worker
8 Meaning of labour hire worker
Subject to subsection (2), an individual is a labour hire worker for another person if the individual enters into an arrangement with the other person under which—
the other person may supply, to a third person, the individual to undertake work; and
the other person is obliged to pay the individual, in whole or
part, for the work (whether directly or indirectly through 1 or more intermediaries).
An individual is not a labour hire worker for another person if—
the individual is an in‑house employee of the other person and is only supplied to a third person to do work on a temporary basis (which may be on 1 or more occasions); or
the individual is an employee of the other person, where the other person is 1 of a group of entities that carry on business as a group, and the employee does work for another entity in that group; or
the individual is a public sector employee within the meaning of the Public Sector
Act 2009 who is seconded, transferred, provided or made available to do work for another person or entity pursuant to an Act; or
the individual is, or is of a class of person, prescribed by the regulations.
For the purposes of subsection (2)(a), an individual is an
in‑house employee of another person if—
the individual is engaged as an employee by the other person on a regular and systematic basis; and
in the circumstances of the case, it is reasonable to expect that the employment will continue; and
the individual primarily performs work for the other person other than as a worker supplied to a third person to do work for the third person.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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