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QTA IR Alert (Issue 22) - WorkCover Contractual Indemnities Now Void

10 Oct 2016 10:02 AM | Administration (Administrator)

The latest issue of the QTA Industrial Relations Alert (Issue 22) provides information in relation to WorkCover – Contractual Indemnities Now Void.

QTA Ltd acknowledges contribution from Master Builders Queensland and Kaden Boriss Legal for this article.

In 2014, the Queensland Supreme Court decided the Byrne v People Resourcing (Qld) Pty Ltd case allowing a labour hire employer to have contractually indemnified a principal contractor finding that the indemnity was effective and that WorkCover, the workers’ compensation insurer of the labour hire employer, was obliged to cover the purely contractual claim by the principal contractor against its insured in doing so preventing WorkCover from seeking a significant third party contribution from the principal contractor’s public liability insurer.

The State Government in June introduced the Workers’ Compensation & Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 into Parliament.  In addition to enacting the National Injury Insurance Scheme for workplace injuries post 1 July 2016 the Bill purported to reverse the Byrne’s case decision allowing WorkCover to recover significant contributions of up to 75% from previously indemnified third parties like host employers and principal contractors.

Please read the attached IR Alert and should you have any further questions, please don’t hesitate to contact QTA’s Employment Relations Manager, Travis Degen on 07 3394 4388, 0400 855 009 or email

If you would like to read more, join the QTA to receive the regular QTA Industrial Relations Alerts directly to your inbox.

QTA Ltd Industrial Relation Alert is the Association's Industrial Relations newsletter and is forwarded to all members on a regular basis. It factually and promptly informs members of the latest developments within the industry and provides editorial comment on current Government policy and Industry issues.

Any enquiries regarding the Industrial Relations Alert should be directed to the QTA Ltd office by either phone (07) 3394 4388 or (including if you wish to receive a copy of a particular article in a Industrial Relations Alert).

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