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Regulation of the labour hire industry in Queensland – Labour Hire Licensing Act 2017

April 3rd, 2018 | | industry

In Queensland, the Labour Hire Licensing Act 2017 (the ACT) will commence on 16 April 2018 and Labour hire providers will be able to apply online for a Labour Hire licence from this date. The Act establishes a mandatory labour hire licensing scheme to protect labour hire workers from exploitation and promote the integrity of the labour hire industry. Key features of the Act 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.

A stand-alone labour hire licensing website will provide information about the scheme and rights and obligations for labour hire providers, users of labour hire and workers. Labour hire providers will also be able to apply for a licence and provide their reports through the website. Users of labour hire and workers will be able search a register of licensed labour hire providers so that they can verify that they are dealing with legitimate licensed businesses. Any problems or concerns about a labour hire provider or labour hire arrangement can be easily reported through the website or by contacting the Labour Hire Licensing Team.

From 16 April 2018, existing labour hire providers will have 60 days to lodge an application for a licence. If an application is made within the 60 day period the obligations and penalties of the Act will not apply until the licence decision has been made.

Regular updates on the establishment of the licensing scheme and the development of the subordinate legislation will be provided through our labour hire licensing mailing list. If you would like to be included on the labour hire licensing mailing list to receive regular updates please email labourhire@oir.qld.gov.au

The commencement of the Act follows the:

  • introduction of the Labour Hire Licensing Bill 2017 by the Hon. Grace Grace, Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs on 25 May 2017. Minister’s Introduction speech
  • passing of the Act by the Queensland Parliament on 7 September 2017. Labour Hire Licensing Act 2017 and Explanatory Notes
  • consultation on the development of the subordinate legislation to the Labour Hire Licensing Act 2017
  • Decision Regulatory Impact statement (RIS)
  • Issues Paper published and submissions received in relation to the Regulation of the Labour Hire Industry
  • the 2016 Report of the Queensland Parliamentary Finance and Administration Committee into the practices of the labour hire industry in Queensland.

Further information on the Parliamentary Inquiry, the Issues Paper and the Decision RIS is available at treasury.queensland.gov.au

Source: treasury.queensland.gov.au

Seems Victoria is almost ready too – see ABC

But what about the other States and Territories?





One Response

  1. Julian Ledger says:

    Well done Queensland! And lets hope Victoria follows suit after it also held an inquiry. And how would it be if there were a single national scheme since both the labour and the contractors cross state boundaries?
    Other solution to the problem is the big supermarket chains taking supply chain responsibility for the labour hire conditions of their growers.
    Better labour hire practices are the key to the farmers getting the labour they need. Also the key to improving the reputation of the 2nd year deal of the working holiday visa scheme and growing numbers taking advantage of it.
    As regards backpackers versus Pacific workers it is not an either or question. There is and will be work for both and different harvests are more suited to one or the other.