labour hire employment

Next week I will have to seek legal advice but, in the meantime, I would be interested in the thoughts of others in regard to a situation...

Does registration with a labour-hire agency constitute employment?

The reason I ask is this; I have worked as a casual for a 'host organisation' through a labour-hire agency for the past eight years in the same role.I was not registered with the agency prior to this job. I obtained the position as it was advertised, I applied and got the job. It is the only position I have ever held with this labour-hire agency. The host organisation has now ended the contract for my services with the agency as the department I worked in has now been off-shored. The position does not exist anymore. Two agency colleagues have been relocated to other duties within the host organisation. I have no further work. My building pass and ID have been handed in.

The agency position is this; although the host organisation has ended their contract with the agency for my services I have not been terminated. They have advised me that I will remain registered with them and that registration constitutes employment. If I choose for them not to find additional work for me then I have left of my own accord.

I maintain that registration with a labour-hire agency for them to find me work does not constitute employment. The most obvious reason for this is that I am not receiving an income.

Anyway, the main ramification of my employment status is this; as a casual with over five years service and under NSW law I accrue long service leave and am entitled to it on a pro-rate basis upon termination. I have spoken with NSW Industrial Relations and they have confirmed this entitlement although they could not offer any advice on employment status.

What are people's thoughts?