Queensland and South Australia now have new labour hire licensing laws and Victoria has a like bill currently before the Parliament.
Features of the Queensland legislation include:
- labour hire providers to be licensed to operate in Queensland
- persons who engage labour hire providers to only engage licensed providers
- labour hire licensees to satisfy fit and proper person test to establish that they are capable of providing labour hire services in compliance with all relevant laws
- the labour hire business is financially viable.
- licensees must provide six monthly reports on labour hire and associated activities including accommodation, and in relation to compliance with relevant laws
- strong penalties for breach of obligations
- establishing a labour hire licensing compliance unit with a field services inspectorate with responsibility for awareness, monitoring and enforcement functions.
There is also a push for complementary federal legislation.
Any business operating in the labour hire sector needs to ensure that they are compliant with all of their legal obligations as an employer and that they satisfy the fit and proper person test to be eligible for licensing.
Any business that uses labour hire services needs to verify the compliance of their labour hire provider(s) and that they are appropriately licensed in accordance with the legislation.
Ridgeline HR can assist both labour hire businesses and users of labour hire services with workplace relations compliance assessments.