Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 14

14 .         Labour hire arrangements

        (1)         In this section —

        labour hire employment means employment of an individual (the employee ) under a contract of employment pursuant to which the services of the employee are temporarily lent or let on hire by the employer (the labour hirer ) to another person (the host ).

        (2)         If employment is labour hire employment, the employee is a worker for the purposes of this Act.

        (3)         If employment is labour hire employment, the labour hirer (and not the host) is the worker’s employer for the purposes of this Act for work done personally by the worker for the host but only if the following conditions are satisfied —

            (a)         there is no contract between the worker and the host for the work to be done for the host;

            (b)         if the labour hirer is a corporation — the worker is not a director of the corporation.

        (4)         A reference in subsection (3) to work done for the host includes work done for another person —

            (a)         at the direction of the host; or

            (b)         under an arrangement between the labour hirer and the host.

        Notes for this section:

        1.         This section does not make an employment agent the employer of a person for whom the agent finds work if the worker is engaged directly by the person for whom the work is to be done. It makes the labour hirer the employer only if there is no contractual relationship between the worker and the host.

        2.         Under Part 5 Division 2 the host may be liable as “principal” to pay compensation to the worker as well as the labour hirer under this section. The “principal” may then recover compensation from the labour hirer (see section 217) in specific circumstances.