Section 789BB — Fair Work Act 2009: TCF contract outworkers taken to be employees in certain circumstances

(1) For the purposes of the provisions covered by this Division: (a) a TCF contract outworker is taken to be an employee (within the ordinary meaning of that expression),

and to be a national system employee, in relation to particular TCF work performed by the outworker, if: (i) the work is performed directly or indirectly for a Commonwealth outworker entity; and (ii) if the entity is a constitutional corporation—the work is performed for the purposes of a business undertaking of the corporation; and (b) the person (whether a Commonwealth outworker entity referred to in subparagraph (a)(i) or another person) that engages the outworker is taken to be the employer (within the ordinary meaning of that expression),

and to be a national system employer, of the outworker in relation to the TCF work. Note 1: See section 17A for when TCF work is performed directly or indirectly for a person. Note 2: See also section 789BC, which allows regulations to deal with matters relating to TCF contract outworkers who are taken by this section to be employees. (2) A TCF contract outworker is a TCF outworker who performs work other than as an employee. (3) In interpreting any of the following for the purposes of the provisions covered by this Division: (a) provisions of this Act; (b) any instrument that is relevant to the relationship between the TCF contract outworker and the person referred to in paragraph (1)(b); an interpretation that is consistent with the objective stated in subsection (4) is to be preferred to an interpretation that is not consistent with that objective. (4) The objective is that a TCF contract outworker who is taken to be an employee in relation to TCF work should have the same rights and obligations in relation to the work as an employee would have if he or she were employed by the person referred to in paragraph (1)(b) to do the work. (5) This section has effect subject to regulations made for the purposes of section 789BC.