FAIR WORK ACT 2009 - SECT 306T Short - term arrangements--engaging other employees

FAIR WORK ACT 2009 - SECT 306T

    An employer covered by a regulated labour hire arrangement order contravenes this section if:

  (a)   the employer is not required to pay a regulated employee at a rate determined under or in accordance with this Part because of the operation of subsection   306G(2) (including as it applies because of subsection   306M(9) or 306Q(8)); and

  (b)   the employer engages another person to perform the same, or substantially the same, work as that performed by the employee for the regulated host; and

  (c)   it could reasonably be concluded that the purpose, or one of the purposes, of engaging the other person is to achieve the result that the employer is not required to pay a regulated employee at a rate determined under or in accordance with this Part.

Note:   This section is a civil remedy provision (see Part   4 - 1).