In this episode of P.I. Case Note, Michelle Wright examines the Queensland Industrial Relations Commission’s decision in Alley v Workers’ Compensation Regulator [2025] QIRC 261, which clarifies labour hire workers’ compensation rights when the relationship appears to be independent contracting rather than employment. The case involved Mr. Alley, who worked for Jet Aviation Australia through Global Aircraft Services under a labour hire agreement, was paid hourly rates plus GST, invoiced weekly, and handled his own tax obligations—yet whose workers’ compensation claim was initially rejected on the basis he was not a “worker” under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
The Commission’s comprehensive analysis reveals how labour hire workers’ compensation rights are protected even when the arrangement has independent contractor characteristics. Despite Mr Alley clearly not being a worker under section 11(1) of the WCRA—as he was an independent contractor rather than an employee for PAYG withholding purposes—the Commission found protection under Schedule 2, Part 1, Section 5, which specifically covers persons party to a contract with a labour hire agency that arranges work with another entity. The decision applied the High Court’s 2022 precedent in CFMMEU v Personnel Contracting, which emphasised examining the rights and obligations established in the contract rather than day-to-day conduct. The Commission found that Global Aircraft exercised considerable control over Mr Alley’s work—setting his rates, requiring exclusive devotion of time, prohibiting subcontracting, and being contractually responsible for supervision, tools, training, safe systems of work, and workers’ compensation insurance. Critically, Mr Alley was “most certainly working in the business or enterprise of Global Aircraft as a licensed labour hire business in the aircraft industry,” making him a worker entitled to compensation despite his independent contractor status.
Listen for Michelle Wright’s detailed analysis of this important decision on labour hire workers’ compensation rights and the critical distinction between contractors and workers. If you’re working through a labour hire arrangement and have been injured, don’t assume your independent contractor status disqualifies you from workers’ compensation. The experienced team at accident legal understands the complex provisions of Schedule 2 and how labour hire arrangements are specifically protected under the WCRA. As Queensland’s trusted personal injury lawyers, we’ll examine your contract, the degree of control exercised, and whether you’re working in the labour hire agency’s business to establish your worker status. Contact us for a free consultation on (07) 3740 0200. We’ll fight to protect your labour hire workers’ compensation rights regardless of how your arrangement is labelled.