(1)         Subject to subsection (2), a person provides "labour hire services" if—

            (a)         in the course of conducting a business the person supplies, to another person (the "host"), an individual to undertake work; and

            (b)         the individual is a labour hire worker for the person.

        (2)         A person does not provide labour hire services under subsection (1) in the following circumstances:

            (a)         where an individual is supplied to a host to undertake work that is not undertaken as part of a business or commercial undertaking of the host;

            (b)         where an individual is supplied to undertake work that is not prescribed work;

            (c)         any other circumstances prescribed by the regulations.

        (3)         For the purposes of subsection (1), a person may provide labour hire services to a host regardless of whether—

            (a)         a worker supplied by the person is supplied to the host directly or indirectly through 1 or more agents or intermediaries; or

            (b)         the work performed is under the control of the person or the host.

Examples—

1         A has a labour hire business and has an arrangement with B under which A may supply B to other persons to undertake work for which B will be paid by A. In the course of conducting the business, A agrees with C to supply an individual to undertake meat processing work for C at C's meat processing business. A sends B to C to undertake the work for which A will pay B. A provides labour hire services in supplying B to C.

2         A runs a horticultural processing business and employs B to undertake work in the business. In the course of conducting the business, A enters into a contract with C to pick the grapes at C's commercial winery. As part of employment in A's business, B attends at C's winery and picks the grapes. A does not provide labour hire services to C because A is not supplying an individual to undertake work (see section 9) and B is not a labour hire worker for A (see section 8).

At a neighbouring winery, D wants to pick their grapes but does not want to contract out the job, preferring to undertake the work themselves. Needing a worker and having seen A's business working at C's winery, D asks if A would be able to send an individual to work for D at D's winery for 2 days. A asks B if B would agree to be sent to undertake work for another person but be paid by A, to which B agrees. A sends B to work for D at D's winery for the 2 days but B also continues to work 4 regular shifts per week in A's horticultural services business. A does not provide labour hire services to D because, despite the new arrangement between A and B and the supply of B to undertake work for D, B is an in-house employee of A and therefore not a labour hire worker for A (see section 8).