We are using the ECC and in relation to clause 11.2(17) are trying to understand the cut-off between labour-only operatives and subcontractors. Where is the line drawn?
What you have to look at is the contract between the contractor and subcontractor. If it falls within one of the bullets stated in clause 11.2(17) then they are a subcontractor, otherwise they are not. So, if they have a contract to lay all the brickwork on a labour-only basis for example, and are paid an amount per square metre to do so, then they are subcontractors under the first bullet. In that case they have the obligation to provide the resources to do it within the time set out in the contract. If they instead have a contract to supply bricklayers at an amount per hour (and equipment at an amount per hour), and those bricklayers will be put to work as determined by the contractor, then they are not subcontractors because their obligation is to provide labour to work rather than the end result.