(1) If a worker
suffers an injury from employment with a contractor that is relevant
employment as provided by subsection (2) —
(a) both
the principal and the contractor are, for the purposes of this Act, taken to
be employers of the worker; and
(b) both
the principal and the contractor are jointly and severally liable to pay any
compensation that the contractor would be liable to pay under this Act if the
contractor were the sole employer.
(2) Employment with a
contractor from which a worker suffers an injury is relevant employment
if —
(a) the
employment is in performance of any work by or under the contractor; and
(b) the
work on which the worker is employed is directly a part of or process in the
trade or business of the principal; and
(c) the
injury arises in respect of premises on which the principal has undertaken to
do the work or that are otherwise under the control or management of the
principal.
(3) The principal is
jointly and severally liable under this section in respect of
compensation payable to a worker irrespective of whether any award of
compensation is made against both the principal and the contractor or only
against the contractor.
(4) The right of
recovery of WorkCover WA under Division 7 against an employer who is
uninsured in respect of a liability to a worker extends to recovery against a
principal who is uninsured in respect of the joint and several liability of
the principal to the worker under this section.
(5) The principal must
be joined as a party to proceedings before an arbitrator in respect of
compensation for which the principal is jointly and severally liable under
this section.