Labour Hire Licensing Regulation 2018 (Qld)

Labour Hire Licensing Regulation 2018

Part 1 Preliminary

Division 1 Introduction

1 Short title This regulation may be cited as the Labour Hire Licensing Regulation 2018.

2 Commencement This regulation commences on 16 April 2018.

Division 2 Interpretation

3 Definitions The dictionary in schedule 2 defines particular words used in this regulation.

4 Individuals who are not workers— Act , s 8 (1) For section 8(2) of the Act, the following individuals are prescribed— (a) an individual employed by a provider— (i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth), section 333; and (ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth); (b) for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work; (c) an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; Examples of the supply of an individual to do work on a temporary basis— • a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client • a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business • a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person's home (d) an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 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 1 of the companies and are supplied to work for 1 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. (2) For subsection (1)(c), an in-house employee of a provider is an individual who— (a) is engaged as an employee by the provider on a regular and systematic basis; and (b) has a reasonable expectation the employment with the provider will continue; and (c) primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.