Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SCHEDULE 3

SCHEDULE 3 – Who is an employer in particular circumstances

1 A person who lends or lets on hire the services of a worker who is party to a contract (regardless of whether the contract is a contract of service) with that person continues to be the worker’s employer while the worker’s services are lent or let on hire.

2 If a labour hire agency or group training organisation arranges for a worker who is party to a contract (regardless of whether the contract is a contract of service) with the agency or organisation to do work for someone else, the agency or organisation continues to be the worker’s employer while the worker does the work for the other person under an arrangement made between the agency or organisation and the other person.

3 If a holding company lets on hire the services of a worker who is party to a contract (regardless of whether the contract is a contract of service) with the holding company, the holding company continues to be the worker’s employer while the worker’s services are let on hire.

4 The owner of the farm is the employer of a person who works the farm as a sharefarmer, and any worker employed by the sharefarmer, if—

(a) the sharefarmer does not provide and use in the sharefarming operations farm machinery driven or drawn by mechanical power; and

(b) the sharefarmer is entitled to not more than 1 / 3 of the proceeds of the sharefarming operations under the sharefarming agreement.

5 A person by whom commission is payable to a salesperson, canvasser, collector or other person (a
"salesperson" ), who is paid entirely or partly by commission, is the employer of the salesperson if the commission is not received for or in connection with work incident to a trade or business regularly carried on by the salesperson, individually or by means of a partnership.

6 A person is the employer of a contractor (other than a contractor mentioned in schedule 2 , part 2 , section 4 ), and any worker employed by the contractor, if—

(a) the person makes a contract with the contractor for the performance of work that is not incident to a trade or business regularly carried on by the contractor, individually or by means of a partnership; and

(b) the contractor—

(i) does not sublet the contract; or

(ii) does not employ a worker; or

(iii) if the contractor employs a worker, performs part of the work under the contract personally.

7 If a corporation is a worker’s employer and an administrator is appointed under the Corporations Act to administer the corporation, the corporation continues to be the worker’s employer while the corporation is under administration.

8 A person is the employer of an intern if—

(a) the person is conducting a business or undertaking; and

(b) the intern performs work for the person without payment of wages to gain practical experience in the type of work performed by the business or undertaking, or to seek to obtain a qualification; and

(c) the intern would be a worker if the work performed by the intern were for the payment of wages.

9 A person is the employer of a person who is a worker under section 11 (1) (b) if—

(a) the person is a regulated business under the Fair Work Act 2009 (Cwlth) ; and

(b) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and

(c) the person is prescribed by regulation to be the employer of the worker.