The Labour Hire Licensing Act 2017 (the ACT) will commence on 16 April 2018 to protect labour hire workers and safeguard labour hire providers that are ethical and responsible.
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 new labour hire licensing website will be published early in 2018, to provide information about the scheme and rights and obligations for labour hire providers, users of labour hire and workers. Labour hire providers will be able to apply for or renew their licence, complete reports and pay fees via the website; users of labour hire and workers will be able check that a provider is licensed, lodge complaints and view compliance reports.
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.
McFillin & Partners will contact clients that will be affected by the new licensing laws.
Refer to Frequently Asked Questions for more information.