NSW Employer sending employee to another company for casual work

[JamesN]

Hello

My employer (say A) wants to send me to another company (say B) for a few hours per week for 1-2 months to do some work for B. A is my main employer and they hire me on a full time basis as normal. A and B have reached an agreement for me to go to B to work a few hours a week, and B will pay A for the time I work at B.

My employer A have discussed this with me and I have no problem doing so, in facts I'm happy to do this as it doesn't affect my salary and I have the chance to learn new things. They are not competitors in anyway but of course they asked me not to disclose any confidential details of their companies.

My questions are:
1 - Is this legal for A and B to do so in NSW or in Australia?
2 - Is this legal for me to do so in NSW or in Australia?
3 - Is there any concern about OHS or Worker Compensation that I should be worried about. I'm not so concerned but in case I have some work injuries while working in company B, who will/should compensate me? I don't want them to be pushing responsibilities to each other.
4 - Confidentiality issue: I'm not planning to disclose any confidential information between the 2 companies. But what if they suspect I did?
5 - Anything I should be concern about?

I'm happy to get further legal advices on this matter if necessary (online only).

Thank you.

Regards
James

 

[Clancy]

Employer B has to consider you as an unpaid work experience person. I do not know how employer B can legally pay employer A for your service, but i guess that's not your problem.

Get something in writing from employer A that they want you to do that work experience and you will remain on full pay with them.

 

[JamesN]

Employer B has to consider you as an unpaid work experience person. I do not know how employer B can legally pay employer A for your service, but i guess that's not your problem.

Get something in writing from employer A that they want you to do that work experience and you will remain on full pay with them.

That's interesting. I guess it's because B is not paying me directly so they can't consider me as their employee, which is correct though because my employer is still A.
It doesn't really matter to me how B pays A for my time, but they've reached an agreement and invoicing to do so.

My work is IT, so practically it's like me doing IT work for B in B's office managing their IT systems, then B pay A for my services. When the agreement between A & B expires, I'm back to working full time for A as normal.

So I guess this is not a very complicated situation?

 

[Rod]

1 - Is this legal for A and B to do so in NSW or in Australia?
2 - Is this legal for me to do so in NSW or in Australia?
3 - Is there any concern about OHS or Worker Compensation that I should be worried about. I'm not so concerned but in case I have some work injuries while working in company B, who will/should compensate me? I don't want them to be pushing responsibilities to each other.
4 - Confidentiality issue: I'm not planning to disclose any confidential information between the 2 companies. But what if they suspect I did?
5 - Anything I should be concern about?

Assuming the work is legitimate (ie not illegal/criminal):

1. most likely yes
2. most likely yes
3. OH&S is something to consider, but as long as you are paid by A for work done at B then you will get worker's comp if you have an accident.
4. They still need to prove you broke confidentiality.
5. Not enough detail to be able to meaningfully answer this question. This is a not a question someone here can really answer.