When a person does not provide labour hire services
3B When a person does not provide labour hire services
Reg. 3B inserted by S.R. No. 134/2026 reg. 8.
For the purposes of section 10(c) of the Act, the following classes of individuals are prescribed—
secondees, other than if the provider is predominantly in the business of providing the services of workers to other persons;
individuals supplied by a person to another person to perform work if—
each person is part of an entity or group of entities that carry on business collectively as one recognisable business; and
the individuals supplied do not perform work for a person that does not belong to the one recognisable business;
Examples
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business's workers are all employed by one of the companies and are supplied to work for one or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
in the case of a body corporate with no more than 2 directors, directors of the body corporate—
whom the body corporate supplies to a person to do work; and
who participate in the management of the body corporate;
sole traders supplying only their own labour;
persons employed in a public sector body who in accordance with an Act are made available to do work for another public sector body;
students to whom Division 1 or 2 of Part 5.4 of the Education and Training Reform Act 2006 applies;
persons undertaking work or services under a vocational placement within the meaning of the Fair Work Act 2009 of the Commonwealth.
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