Section 15Q — Fair Work Act 2009: Meaning of regulated road transport contractor

(1) A person is a regulated road transport contractor if: (a) the person is: (i) an individual who is a party to a services contract in their capacity as an individual (other than as a principal), and performs work under the contract; or (ii) if a body corporate is a party to a services contract (other than as a principal)—an individual who is a director of the body corporate, or a member of the family of a director of a body corporate, and performs work under the contract; or (iii) if a trustee of a trust is a party to a services contract in their capacity as a trustee (other than as a principal)—an individual who is a trustee of the same trust and performs work under the contract, whether or not the individual is a party to the contract; or (iv) if a partner in a partnership is a party to a services contract in their capacity as a partner (other than as a principal)—an individual who is a partner in the same partnership and performs work under the contract, whether or not the individual is a party to the contract; and (b) the person performs all, or a significant majority, of the work to be performed under the services contract; and (c) the person does not perform any work under the services contract as an employee; and (d) the work performed under the services contract is work in the road transport industry; and (e) the person is not an employee-like worker who performs work in the road transport industry under the services contract. (2) In this Part, a reference to an independent contractor includes a reference to an individual who is a regulated road transport contractor within the meaning of subsection (1).