The Work Health and Safety Act 2011 (Cth) (WHS Act) states that a worker is a person who carries out work in any capacity for a person conducting a business or undertaking, including any of the following:
Others are also deemed to be workers including Australian Federal Police members (including the Commissioner and Deputy Commissioner) and Commonwealth statutory office holders.
If a person performs work, but does not do so for a person conducting a business or undertaking, the person is not a 'worker' for the purposes of the anti-bullying laws.
The Fair Work Commission has determined, for example, that a carer for a disabled person who is in receipt of a carer’s payment under the Social Security Act 1991 (Cth) is not a 'worker' because, even though the carer performs work, he or she does not do so for any business or undertaking. The Department of Human Services which pays the carer’s payment is not such a business or undertaking because the carer’s work is not performed for the Department.
See Fair Work Regulations 2009 (Cth) reg 6.08(2)
A member of the Defence Force is excluded from the definition of 'worker'.
No civil contract of any kind is created with the Crown or the Commonwealth as a result of:
See Fair Work Act ss.789FJ‒789FL
The following declarations may only be made with the approval of the Minister for Small and Family Business, the Workplace and Deregulation.
The Chief of the Defence Force may, by legislative instrument, declare that all or specified provisions of the ‘Workers bullied at work’ provisions do not apply in relation to a specified activity.
The Director-General of Security may, by legislative instrument, declare that all or specified provisions of the ‘Workers bullied at work’ provisions do not apply in relation to a person carrying out work for them.
The Director-General of the Australia Secret Intelligence Service may, by legislative instrument, declare that all or specified provisions of the ‘Workers bullied at work’ provisions do not apply in relation to a person carrying out work for them.
Nothing in the ‘Workers bullied at work’ provisions requires or permits a person to consider any action which could be prejudicial to Australia’s defence or national security, or an existing or future covert or international operation of the AFP.
Therefore, the Commission may be unable to make orders, or a person may be excused for contravening orders of the Commission, if doing so could reasonably be expected to compromise Australia’s defence or national security, or an operation of the AFP.
 WHS Act s.7(1).
 For a discussion on the difference between employees and contractors, see Hollis v Vabu Pty Ltd  HCA 44 (9 August 2001) at paras 39‒58, [(2001) 207 CLR 21]; Abdalla v Viewdaze Pty Ltd t/a Malta Travel PR927971 (AIRCFB, Lawler VP, Hamilton DP, Bacon C, 14 May 2003) at para. 34, [(2003) 122 IR 215]. See also On Call Interpreters and Translators Agency Pty Ltd v Federal Commissioner of Taxation (No. 3)  FCA 366 (13 April 2011) at paras 188‒220, [(2011) 206 IR 252]; Fair Work Ombudsman v Metro Northern Enterprise Pty Ltd  FCCA 216 (7 May 2013) at paras 13‒25.
 Fair Work Act s.12.
 WHS Act s.5(8); see also Workplace Health and Safety Regulations 2011 (Cth), reg 7(3).
 WHS Act s.7(2).
Balthazaar v Department of Human Services (Commonwealth)  FWC 2076 (Watson VP, 2 April 2014).
 Fair Work Act s.789FC(2).
Defence (Personnel) Regulations 2002 (Cth) reg 117.
 Fair Work Act ss.789FJ‒789FL.
 See Defence Act 1903 (Cth) s.9.
 See Australian Security Intelligence Organisation Act 1979 (Cth) s.7.
 See Intelligence Services Act 2001 (Cth) s.17.
 Fair Work Act s.789FI.