Ahead of the launch of Queensland’s labour hire licensing scheme on 16 April 2018, the Labour Hire Licensing Regulation 2018 and explanatory notes are now available.
Existing labour hire providers will have until 15 June 2018 to apply for a licence, and can continue to operate while their licence application is being assessed. Labour hire providers who apply for a licence after 15 June 2018 must not operate until their licence is granted.
The Regulation clarifies that the licensing scheme does not capture the following unintended classes of workers:
- workers who are undertaking genuine secondments
- high income workers (who earn over $142,000 per annum and are not covered by an industrial instrument)
- a director of a business who is the only worker being supplied
- an employee who is engaged by an ‘employing entity’ within a single recognisable business and works only for and within that business
- an ‘in-house employee’ who may be temporarily supplied to another person.
An ‘in-house employee’ is an individual who:
- is engaged as an employee by the provider on a regular and systematic basis, and
- has a reasonable expectation the employment with the provider will continue, and
- primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
The Regulation sets out what further information is required for the licence application process and reporting, including:
- what an applicant’s declaration of financial viability means, including examples of the types of financial documents needed to support the declaration
- how compliance with specified work health and safety, fair work, migration, anti-discrimination, transport and accommodation laws will be demonstrated
- the information that the Chief Executive must have regard to when considering if a person is fit and proper to be a provider of labour hire services
- what a licensee must report on.
The Regulation also establishes the licence fees for the scheme. Licence fees are calculated on wages paid during the previous financial year, or for a new business, projected wages anticipated for the financial year in which the application is made and the next financial year.
The fees payable are:
|Wages paid||Annual licence fee|
|$1.5 million or less||$1000|
|$1.5 million and up to $5 million||$3000|
|Over $5 million||$5000|
The Labour Hire Queensland website (labourhire.qld.gov.au) and info line (1300 576 088) will be available from Thursday, 12 April 2018. The website will provide comprehensive information about the scheme for labour hire providers, workers and users of labour hire services. Licence applications can also be made through the website from 16 April 2018.