A Snapshot of the New Labour Hire Licensing Laws

The Labour Hire Licensing Act 2017 (Qld), which commenced on 16 April 2018, aims to protect workers from exploitation by providers of labour hire services and to promote the integrity of the labour hire industry through a licensing scheme.

The Act will apply to those who, as part of carrying on a business, hire out workers to another person or business, such as organisations that provide apprentices and temporary staff.

Some of the key features of the Act include:

• Licensees being required to pass a fit and proper person test;
• The entity providing the services to be financially viable;
• Licensees to submit half yearly reports on their operational activities;
• Strong penalties for breach of obligations;
• The establishment of a labour hire licensing compliance unit, responsible for awareness, monitoring and enforcement functions.

A person may be seen as not fit and proper and therefore refused a licence if they have been convicted of a serious criminal offence, have been a bankrupt or disqualified from holding a directorship in a company or is under the control or influence of another person who is not fit and proper to provide the labour hire services.

The scheme will be regulated and managed by the Labour Hire Licensing Compliance Unit.

The expectation is that by 15 June 2018, anyone who provides labour hire services in Queensland must either have a licence or have submitted one. Licences are renewed annually and carry with it a licensing fee based on the amount of wages paid by the business.

If you are unsure whether your business will require a license or would like more information about the Act, please visit www.labourhire.qld.gov.au.