Page 874 - Week 03 - Thursday, 2 April 2020
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• employment agents under section 38.
(b) Workplace health and safety regulation — under the Work Health and Safety Act 2011 the term employer is not defined, rather the work health and safety duties are applied to a person conducting a business or undertaking to ensure all workplace arrangements are caught by the duties and obligations contained in the Act. A person conducting a business or undertaking is defined under section 5 of the Work Health and Safety Act 2011 as:
(1) For the purposes of this Act, a person conducts a business or undertaking—
a. whether the person conducts the business or undertaking alone or with others; and
b. whether or not the business or undertaking is conducted for profit or gain.
(2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
(3) If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.
(4) A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.
(5) A regulation may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Actor any provision of this Act.
(6) A volunteer association does not conduct a business or undertaking for the purposes of this Act.
(7) In this section: volunteer association means a group of volunteers working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.
(c) Long service leave portability — under the Long Service Leave (Portable Schemes) Act 2009 an employer is defined in section 7 as:
(1) An employer, for a covered industry, is a person engaged in the industry in the ACT who—
a. employs someone else (whether in the ACT or elsewhere) to carry out work in the industry; or
b. is declared to be an employer for the industry under section 12 (Declarations by Minister—additional coverage of Act).
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