8—Meaning of " "labour hire worker"
(1) Subject to
subsection (2), an individual is a "labour hire worker" for another
person if the individual enters into an arrangement with the other person
under which—
(a) the
other person may supply, to a third person, the individual to undertake work;
and
(b) the
other person is obliged to pay the individual, in whole or part, for the work
(whether directly or indirectly through 1 or more intermediaries).
(2) An individual is
not a labour hire worker for another person if—
(a) the
individual is an in-house employee of the other person and is only supplied to
a third person to do work on a temporary basis (which may be on 1 or
more occasions); or
(b) the
individual is, or is of a class of person, prescribed by the regulations.
(3) For the purposes
of subsection (2)(a), an individual is an
"in-house employee" of another person if—
(a) the
individual is engaged as an employee by the other person on a regular and
systematic basis; and
(b) in
the circumstances of the case, it is reasonable to expect that the employment
will continue; and
(c) the
individual primarily performs work for the other person other than as a worker
supplied to a third person to do work for the third person.