(1) For the purposes
of this Act, an individual is not supplied by a
person (the "first person") to another person (the "second person ) to
undertake work where—
(a) the
first person and second person have entered into a contract for the
performance of the work by the first person; and
(b) the
individual undertakes the work for and on behalf of the first person as an
employee, agent or independent contractor of the first person.
(2) For the purposes
of this Act, the supply of a labour hire worker to do work for a person
commences when the labour hire worker first starts to do work for the person
in relation to the supply.