Queensland's introducing labour hire licensing laws and, as Shae McCartney explains, they could affect you even if you aren't in Queensland.
TRANSCRIPT
So Queensland is the first State to introduce labour hire licensing laws; South Australia and Victoria have indicated that they're soon to follow. The legislation as it's currently proposed will cover not only companies who provide labour hire in Queensland but also companies who are located in Queensland and provide labour hire out, and companies who provide labour hire into Queensland.
The definition of who is a labour hire provider and who is a worker working under a labour hire arrangement is so broad that this could include (for example) a company who sends a worker into Brisbane for a period to work in someone else's business. If you're doing any business in Queensland and it could be a labour hire arrangement you need to consider whether you might be captured by these laws.
If you're a labour hire provider you need to consider firstly whether you could meet the requirements in the legislation and require a licence. If you do require a licence the test is quite strict. It includes being able to evidence that you're a fit and proper person so you need to start considering now whether you'll be able to meet that test and what other steps you have to take to be able to obtain the licence.
If you contract with a labour hire provider or you think you might because of the nature of your work then you might need to start thinking about your contracting arrangements. Do they need to be amended to make sure that the contracts require that the provider is licensed? Do you have sufficient clauses to allow you to ask for information to evidence compliance, and do you have a compliance with law clause?
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this bulletin. Persons listed may not be admitted in all states and territories.
