Section 306V — Fair Work Act 2009 (Cth)

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

(a) the employer dismisses an employee who performs, or is to perform, work for a regulated host covered by the order; and

(b) the employer engages another person as an independent contractor, under a contract for services, to perform that work, or work of that kind, for the regulated host; and

(c) a result of the employer dismissing the employee and engaging the independent contractor is that the employer is not required to pay a person at a rate determined under or in accordance with this Part; and

(d) it could reasonably be concluded that the employer dismissed the employee and engaged the independent contractor for the purpose, or purposes including the purpose, of achieving that result.

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

Related sections

• s 306SA — Avoidance of application of regulated labour hire arrangement orders
• s 306T — Short‑term arrangements—engaging other employees
• s 306U — Short‑term arrangements—entering into other labour hire agreements
• s 306W — Guidelines
• s 307 — Guide to this Part
• s 308 — Meanings of employee and employer

Research how courts apply s 306V

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.