If you are going to recruit and place contract workers in Victoria, Queensland or ACT - it is important that you are aware of your responsibilities when it comes to applying for and maintaining a Labour Hire License.
In Australia, several states and territories have labour hire licensing laws to regulate the labour hire industry and protect workers. Here’s a summary:
1. Victoria
- Legislation: Labour Hire Licensing Act 2018 (Vic).
- Key Features: Requires licensing for providers and prohibits host businesses from engaging unlicensed providers.
- Administered By: Labour Hire Authority.
2. Queensland
- Legislation: Labour Hire Licensing Act 2017 (Qld).
- Key Features: First state to introduce a licensing scheme. Providers must meet strict compliance standards, and hosts must verify licences.
- Administered By: Office of Industrial Relations.
- Legislation: Labour Hire Licensing Act 2017 (SA).
- Key Features: Initially enacted in 2018 but paused and amended. The licensing scheme remains optional rather than mandatory as of 2020.
- Administered By: Attorney-General's Department.
4. Australian Capital Territory (ACT)
- Legislation: Labour Hire Licensing Act 2020 (ACT).
- Key Features: Requires labour hire providers to be licensed and compliant with workplace laws.
- Administered By: Access Canberra.
5. Other Jurisdictions
- New South Wales, Western Australia, Tasmania, and the Northern Territory do not currently have standalone labour hire licensing schemes. However, general workplace laws and modern awards provide some protections.
Common Features Across Schemes:
- Licensing Requirements: Providers must hold a licence to operate legally.
- Host Obligations: Hosts must ensure they use licensed providers.
- Penalties: Significant fines for unlicensed operations or using unlicensed providers.
- Compliance Reporting: Providers must demonstrate compliance with employment, safety, and tax laws.
If you operate in multiple states, it's essential to understand and comply with each state's specific requirements -we have linked the relevant websites to their corresponding states in this article. Each site will provide you with a comprehensive overview, and the steps that you need to take to apply for the license.
Please ensure that you are aware of your obligations, and feel free to contact us at supportaus@oncoreservices.com if you have any questions.