Queensland Numbered Acts

LABOUR HIRE LICENSING ACT 2017 - SECT 7

7 Meaning of provider and labour hire services

(1) A person (a
"provider" ) provides
"labour hire services" if, in the course of carrying on a business, the person supplies, to another person, a worker to do work.

Examples of providers—

• a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower

• a group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer

• an employment agency who on-hires temporary administration staff to a business

(2) Without limiting subsection (1) , a provider provides labour hire services regardless of—

(a) whether or not the worker is an employee of the provider; and

(b) whether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and

(c) whether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and

(d) whether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person.

(3) However, a person does not provide
"labour hire services" merely because—

(a) the person is a private employment agent under the Private Employment Agents Act 2005 ; or

(b) the person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 , section 10 , and engages subcontractors to carry out the work; or

(c) the person is, or is of a class of person, prescribed by regulation.

(4) A regulation may prescribe a person, or a class of person, under subsection (3) (c) only if the supply of a worker by the person or class of person is not a dominant purpose of the business ordinarily carried on by the person or class of persons.