The Office of Fair Trading (OFT) has recently taken action against the owner of a Gold Coast-based licensed security firm under theSecurity Providers Act 1993 (SP Act).
The person concerned was previously determined by the Federal Court to have breached workplace laws.
The Fair Work Ombudsman referred the matter to the OFT and a show cause notice was issued to assess whether the person was appropriate to hold a security licence and operate a security firm in Queensland.
After fully assessing the matter, the OFT decided such conduct was contrary to the person’s obligations under the SP Act.
In a decision dated 9 November 2018, the OFT concluded the person (along with the new security firm the person was operating) should be suspended from holding a licence for a twelve month period, commencing 8 April 2019. The new security firm may avoid suspension of its licence, if it excludes the person from any involvement in the firm for the period of suspension.
The decision puts the security industry in Queensland on notice that breaches of Federal and state workplace laws, such as under-award wages, ‘sham’ contracting, illegal phoenix activity and compromising security industry worker rights, will not be tolerated.
Offending persons and security firms involved in such breaches will be forced from the security industry, to ensure worker’s rights are properly protected and security industry participants obey the law.