Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 306V

Engaging independent contractors

    An employer covered by a regulated labour hire arrangement order contravenes this section if:

  (a)   the employer dismisses an employee who performs, or is to perform, work for a regulated host covered by the order; and

  (b)   the employer engages another person as an independent contractor, under a contract for services, to perform that work, or work of that kind, for the regulated host; and

  (c)   a result of the employer dismissing the employee and engaging the independent contractor is that the employer is not required to pay a person at a rate determined under or in accordance with this Part; and

  (d)   it could reasonably be concluded that the employer dismissed the employee and engaged the independent contractor for the purpose, or purposes including the purpose, of achieving that result.

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


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