Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
agent —
(a)
means a person that carries on a business of providing workers to carry out
work for clients of the person; and
(b)
includes a group training organisation as defined in section 7(1) of the
Industrial Relations Act 1979 ;
worker includes an employee or a contractor.
(2) This section
applies where, under a labour hire arrangement, work is carried out for
remuneration by a worker for a client of an agent (the client ) in the course
of the client’s trade or business.
(3) A labour hire
arrangement exists where —
(a) an
agent has for remuneration agreed with the client to provide a worker to carry
out work for the client;
(b)
there is no contract of employment between the worker and the client in
relation to the work;
(c)
there is an agreement (which may be a contract of employment) between the
worker and the agent as to the carrying out of work including in respect of
remuneration and other entitlements; and
(d) that
agreement applies to the carrying out of the work by the worker for the
client.
(4) Where this section
applies, section 19 has effect as if —
(a) each
of the agent and the client were the employer of the worker; and
(b) the
worker were an employee of each of the agent and the client,
in relation to any
matter that —
(c)
comes within section 19; and
(d) as
regards —
(i)
the agent, is a matter over which the agent has the
capacity to exercise control; or
(ii)
the client, is a matter over which the client has the
capacity to exercise control.
(5) Where this section
applies, the further duties referred to in subsection (6) apply as
if —
(a) each
of the agent and the client were the employer of the worker; and
(b) the
worker were an employee of each of the agent and the client.
(6) The further duties
mentioned in subsection (5) are —
(a) the
duties of an employee under section 20; and
(b) the
duties of an employer under section 23I(3).
(7) This section
applies despite anything to the contrary in, or any inconsistent provision of,
an agreement, whether made orally or in writing.
(8) A purported waiver
by a worker of a right that arises directly or indirectly under this section
is void.
[Section 23F inserted by No. 51 of 2004
s. 8.]
[Heading inserted by No. 51 of 2004 s. 8.]