Australia: The latest in labour hire licensing laws

We have compiled a quick update regarding the progress of labour hire licensing laws:

Victoria

The Labour Hire Licensing Bill 2017 (Vic) (Bill) was debated in Victoria’s upper house on Friday (see Hansard here). Some clauses of the Bill were agreed (including the definition of ‘labour hire services’). Minister Pulford (ALP) said certain arrangements will be:

  • excluded by regulations (e.g. secondments, labour supplies among a group of entities carrying on business collectively, and the provision of directors or business owners in certain circumstances); or
  • otherwise not covered by the scheme (e.g. the provision of professional or trade services to a third party, genuine subcontracting arrangements, and certain outsourcing arrangements).

The upper house will resume considering the Bill from 5 June 2018.

Australian Capital Territory (ACT)

A Parliamentary Committee Report was published recently in which the Committee recommended (among other things) that the ACT Government (i) advocate for a national labour hire licensing scheme and (ii) introduce an ACT-specific licensing scheme (acknowledging that the former may not happen soon). Two Liberal members issued a dissenting Report which did not recommend an ACT-specific scheme. We expect a Bill for an ACT-specific scheme will be introduced soon.

Queensland

The deadline for licence applications is less than three weeks way (i.e. 15 June 2018).

South Australia 

The deadline for licence applications is 1 September 2018. The scope remains broad, but South Australia has granted an exemption from the obligation to hold a labour hire licence to persons licensed pursuant to:

  • Section 6 of the Building Work Contractors Act 1995;
  • Section 6 of the Plumbers, Gas Fitters and Electricians Act 1995; and
  • Section 6 and 7A of the Security and Investigation Industry Act 1995 (excluding licensed security agents and licensed investigation agents subject to employee conditions).

This article was written by Adam Ray, Solicitor, Brisbane. If you have any questions or would like to discover more, please contact:

Kirsty Faichen
Kirsty Faichen
Partner, Brisbane
Email | Profile
+61 7 3258 6492
Nicholas Ogilvie
Nicholas Ogilvie
Partner, Melbourne
Email | Profile
+61 3 9288 1380
Adam Ray
Adam Ray
Solicitor, Brisbane
Email
+61 7 3258 6322

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