Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 15Q

  (1)   A person is a regulated road transport contractor if:

  (a)   the person is:

  (i)   an individual who is a party to a services contract in their capacity as an individual (other than as a principal), and performs work under the contract; or

  (ii)   if a body corporate is a party to a services contract (other than as a principal)--an individual who is a director of the body corporate, or a member of the family of a director of a body corporate, and performs work under the contract; or

  (iii)   if a trustee of a trust is a party to a services contract in their capacity as a trustee (other than as a principal)--an individual who is a trustee of the same trust and performs work under the contract, whether or not the individual is a party to the contract; or

  (iv)   if a partner in a partnership is a party to a services contract in their capacity as a partner (other than as a principal)--an individual who is a partner in the same partnership and performs work under the contract, whether or not the individual is a party to the contract; and

  (b)   the person performs all, or a significant majority, of the work to be performed under the services contract; and

  (c)   the person does not perform any work under the services contract as an employee; and

  (d)   the work performed under the services contract is work in the road transport industry; and

  (e)   the person is not an employee - like worker who performs work in the road transport industry under the services contract.

  (2)   In this Part, a reference to an independent contractor includes a reference to an individual who is a regulated road transport contractor within the meaning of subsection   (1).