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Status update on Labour Hire Licensing

IT’S been four weeks since AREEA’s last update on state-based labour hire licensing and still those states pursuing such schemes have offered employers little clarity or advice on their practical operational or commercial impacts.

AREEA finds this highly disappointing and continues to engage privately with state governments to relay our members’ clear concerns and push for such clarity and advice.

A state-by-state update on labour hire licensing schemes follows:

  • Victoria: The Labour Hire Licensing Bill 2017 (Vic) passed the lower house on 8 February 2018 but remains before the Upper House, having not been called on for debate or vote. The next sitting dates are 27-29 March, with the Bill not currently appearing on the draft schedule for 27 March.  If the Bill is not passed next week, we will not see any movement until May when Parliament resumes. The Labor State Government will need to secure the votes of two of the five minor party members for the legislation to pass.
  • Queensland: The Labour Hire Licensing Act 2017(Qld) commences on 16 April 2018, giving labour hire providers 60 days from that date to lodge an application for a licence. Despite continual assurances that regulations for the Act, which may refine the scope of its coverage, were being finalised last month, there remains no timeframe on when they will be finished and provided to employers. AREEA provided a strong submission on the government’s consultation papers last month and is following up our concerns.
  • Tasmania: With the Liberal Party winning majority government at the 3 March 2018 Tasmanian State Election it is most likely a labour hire licensing scheme will not proceed in the state. While the Tasmanian Liberals did not make any pre-election commitments on labour hire, it is consistent Liberal/National Party policy around the nation to tackle any exploitation or wrongdoing in the labour hire sector through better enforcement of current laws. This is also AREEA’s position.
  • South Australia: The Labour Hire Licensing Act 2017(SA) came into operation on 1 March 2018. The state is currently three weeks into a six-month transition period designed to allow labour hire providers, who must be licenced by 1 September 2018 to undertake necessary applications. Given the Liberal Party’s victory at the recent State Election, AREEA is focusing lobbying efforts towards a change in policy or scope to the scheme. Any South Australian members seeking advice should contact AREEA at the details provided below.
  • Other states/territories: In the Australian Capital Territory, the Standing Committee on Education, Employment and Youth Affairs is currently holding an inquiry into the extent, nature and consequences of insecure work in the ACT, which includes consideration of matters concerning labour hire. The Committee is due to report in April 2018. There have been no announcements as yet from the other States and Territories.

AREEA notes in recent weeks that a growing number of our members have contacted us relaying concerns about the commercial impacts and impracticality of these state-based labour hire licensing schemes.

We are continuing to represent these concerns and lobby for more practical outcomes aligned with the various submissions AREEA has provided to the Victorian, Queensland and South Australian parliamentary processes.

As more information and clarity comes to light in coming weeks, AREEA will host a national webinar for members in April providing a more comprehensive update on state developments and our campaigns in each state to minimise the impact on our members.

In the meantime, for information on these legislative developments and/or for assistance with any other labour hire licensing matters, please contact your local AREEA office so we can best direct your enquiry.

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