Document ID: chunk:federal_register_of_legislation:C2023A00120:clause:1_306e:p2
Version: federal_register_of_legislation:C2023A00120
Segment Type: clause
Provision Reference: sch 1 cl 306E (pt 2/3)
Character Range: 24409–27137

or would be employed.

Regulated employee and host employment instrument
 (5) An employee referred to in paragraph (1)(a) is a regulated employee.
 (6) The covered employment instrument referred to in paragraph (1)(b) is a host employment instrument.

Who may apply for an order
 (7) The following persons may apply for the order:
 (a) a regulated employee;
 (b) an employee of the regulated host;
 (c) an employee organisation that is entitled to represent the industrial interests of an employee mentioned in paragraph (a) or (b);
 (d) the regulated host.

Matters that must be considered in relation to whether work is for the provision of a service
 (7A) For the purposes of subsection (1A), the matters are as follows:
 (a) the involvement of the employer in matters relating to the performance of the work;
 (b) the extent to which, in practice, the employer or a person acting on behalf of the employer directs, supervises or controls (or will direct, supervise or control) the regulated employees when they perform the work, including by managing rosters, assigning tasks or reviewing the quality of the work;
 (c) the extent to which the regulated employees use or will use systems, plant or structures of the employer to perform the work;
 (d) the extent to which either the employer or another person is or will be subject to industry or professional standards or responsibilities in relation to the regulated employees;
 (e) the extent to which the work is of a specialist or expert nature.

Matters to be considered if submissions are made
 (8) For the purposes of subsection (2), the matters are as follows:
 (a) the pay arrangements that apply to employees of the regulated host (or related bodies corporate of the regulated host) and the regulated employees, including in relation to:
 (i) whether the host employment instrument applies only to a particular class or group of employees; and
 (ii) whether, in practice, the host employment instrument has ever applied to an employee at a classification, job level or grade that would be applicable to the regulated employees; and
 (iii) the rate of pay that would be payable to the regulated employees if the order were made;
 (c) the history of industrial arrangements applying to the regulated host and the employer;
 (d) the relationship between the regulated host and the employer, including whether they are related bodies corporate or engaged in a joint venture or common enterprise;
 (da) if the performance of the work is or will be wholly or principally for the benefit of a joint venture or common enterprise engaged in by the regulated host and one or more other persons:
 (i) the nature of the regulated host's interests in the joint venture or common