Victorian Numbered Regulations

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LABOUR HIRE LICENSING REGULATIONS 2018 (SR NO 179 OF 2018) - REG 3

Definitions

In these Regulations—

annual turnover is the total ordinary income that is derived in the course of running a business;

"secondee "means a worker of a provider whom the provider provides to another person to do work on a temporary basis and—

        (a)     is engaged as an employee by the provider on a regular and systematic basis; and

        (b)     has a reasonable expectation that the employment with the provider will continue; and

        (c)     primarily performs work for the provider, other than as a worker supplied to another person to do work for that other person;

Examples

1         A lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client.

2         A consultant employed by a consultancy business is supplied to a business to conduct a review for the other business.

3         A farmer who assigns a worker (the secondee) to work on a neighbouring farm to fulfil an immediate need at the neighbouring farm which may be fully or partly on a goodwill basis.

"the Act "means the Labour Hire Licensing Act 2018 ;

tier 1 business , in relation to an application for a licence or the holder of a licence," "means—

        (a)     a business that for the financial year immediately preceding the day on which the application is made had an annual turnover of no more than $2 000 000; or

        (b)     a business that did not operate in the financial year immediately preceding the day on which the application for a licence is made but the business is projected to have an annual turnover in the financial year in which the application is made and in the next financial year of no more than $2 000 000;

tier 2 business , in relation to an application for a licence or the holder of a licence," "means—

        (a)     a business that for the financial year immediately preceding the day on which the application is made had an annual turnover of between $2 000 001 and $10 000 000; or

        (b)     a business that did not operate in the financial year immediately preceding the day on which the application for a licence is made but the business is projected to have an annual turnover in the financial year in which the application is made and in the next financial year of between $2 000 001 and $10 000 000;

tier 3 business , in relation to an application for a licence or the holder of a licence," "means—

        (a)     a business that for the financial year immediately preceding the day on which the application is made had an annual turnover of more than $10 000 000; or

        (b)     a business that did not operate in the financial year immediately preceding the day on which the application for a licence is made but the business is projected to have an annual turnover in the financial year in which the application is made and in the next financial year of more than $10 000 000.



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