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FAIR WORK ACT 2009 - SECT 306SA

Avoidance of application of regulated labour hire arrangement orders

  (1)   A person contravenes this section if:

  (a)   the person is an employer or a regulated host; and

  (b)   the person, either alone or with one or more other persons:

  (i)   enters into a scheme; or

  (ii)   begins to carry out a scheme; or

  (iii)   carries out a scheme; and

  (c)   the person does so for the sole or dominant purpose of avoiding the application of a regulated labour hire arrangement order that has been made (whether or not the order is yet in force), in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph   (b)); and

  (d)   as a result of that scheme or part of that scheme, a person avoids the application of the regulated labour hire arrangement order.

Note:   This section is a civil remedy provision (see Part   4 - 1).

  (2)   In this section:

"scheme" means:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.


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