The Labour Hire Licensing Act 2017 (SA) will continue to operate, and will be enforced from 1 September 2019. CBS will recommence accepting applications for labour hire licences from 14 June 2019. All labour providers operating in South Australia must lodge their application by 31 August 2019.

As you may recall from previous updates, the Liberal Marshall Government had announced they intended to repeal the Labour Hire Licensing Act 2017 (SA), and the Consumer and Business Services Department (CBS) ceased accepting applications for licenses for some time. However, the Government has not been able to secure sufficient numbers in the Legislative Council to repeal the legislation. This means the Labour Hire Licensing Act 2017 (SA) will continue to operate, and will be enforced from 1 September 2019.

CBS will recommence accepting applications for labour hire licences from 14 June 2019. All labour providers operating in South Australia must lodge their application by 31 August 2019.

New exceptions

In accordance with a government gazette dated 6 June 2019, there are a number of new exceptions to the Scheme. These exceptions apply to a person who:

  1. provides labour hire services where the provision of such services is not a core function of the person’s business or undertaking;
  2. provides a worker to do work within the business or undertaking of:
    • a body corporate that is related to the provider under section 50 of the Corporations Act 2001 (Cth); or
    • a franchisee of a franchise of which the provider is also a franchisee; or
    • another person that carries on business collectively with the provider under one recognisable business.

Click the image below for a national overview of labour hire licensing in Australia.

This article was prepared by Wendy Fauvel, Senior Associate and Natassia Smith, Solicitor.

For more information or advice on this topic, please contact:

Kirsty Faichen
Kirsty Faichen
Partner, Brisbane
+61 7 3258 6492
Nicholas Ogilvie
Nicholas Ogilvie
Partner, Melbourne
+61 3 9288 1380
Anthony Longland
Anthony Longland
Partner, Perth
+61 8 9211 7273
Miles Bastick
Miles Bastick
Partner, Sydney
+61 2 9225 5722
Wendy Fauvel
Wendy Fauvel
Senior Associate, Brisbane
+61 7 3258 6388
Natassia Smith
Natassia Smith
Solicitor, Melbourne
+61 3 9288 1463