When an individual is not a worker
4 When an individual is not a worker
For the purposes of section 11(a) of the Act, the following classes of individuals are prescribed—
classes of secondees, other than where the provider is predominantly in the business of providing the services of workers to other persons;
persons whom a provider provides to another person to do work in the circumstances where the provider and the other person are each part of an entity or group of entities that carry on business collectively as one recognisable business, other than where the provider is predominantly in the business of providing the services of workers to other persons where those persons include persons that are not part of the entity or group;
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.
a person whom the provider provides to another person to do work if the provider is a body corporate with no more than 2 directors and the person provided by the body corporate is a director of the body corporate who participates in the management of the body corporate or shares in its profits;
persons employed by a public sector body within the meaning of the Public Administration Act 2004 who are seconded, transferred, provided or made available to do work for another person, however described, pursuant to an Act;
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.
Subregulation (1) does not apply to a class of persons declared by the Minister by notice in writing to be a worker.
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