ATTENTION ALL BUSINESSES.. does your business or organisation use labour hire workers? If this applied to you, then you need to be aware of the new labour hire laws that are now in place, and how they may affect you and your business!
Under the Labour Hire Licensing Act 2018, labour hire providers will have until 29 October 2019 to apply for and be granted a licence by the Victoria Labour Hire Authority to operate in Victoria.
Licences can be applied for from the Labour Hire Authority website. These licences are valid for a period of no more than three years.
There is a test that needs to be satisfied to obtain and maintain a licence. This is known as “fit and proper test”. Businesses will need to prove past compliance with the applicable employment, tax, immigration and workplace health and safety laws.
To ensure compliance of the new licensing system, the Victoria Labour Hire Authority will employ inspectors. These inspectors will be able to enter and search premises, examine, seize or inspect anything suspected of relating to a possible contravention.
KEY POINTS FOR BUSINESS OWNERS:
- LABOUR HIRE PROVIDERS MUST REGISTER ONLINE TO CREATE AN ACCOUNT + then apply for a licence.
- LABOUR HIRE PROVIDERS WILL HAVE SIX MONTHS, or until 29 October 2019 to register online + apply for a licence.
- IF PROVIDERS DO NOT APPLY FOR A LICENCE within the six-month transition period, they will be prohibited from providing labour hire services from 30 October 2019
- UNLICENSED LABOUR HIRE PROVIDERS CAN FACE SUBSTANTIAL FINES, with a maximum penalty for a natural person being more than $120,000 + for a corporation exceeding $500,000.
- HOSTS [BUSINESS WHO UTILISE LABOUR HIRE WITHIN THEIR BUSINESS] who enter into an arrangement after 29 October 2019 with a labour hire provider who has not applied for, or who has been refused a labour hire licence face substantial fines ranging from a maximum in excess of $120,00 for a natural person to in excess of $500,000 for a corporation.
- THERE IS AN APPLICATION FEE, + ANNUAL LICENCE FEE, payable by the labour hire provider.
If your business uses labour hire workers in Victoria, we recommend you begin enquiringly with the providers as to their intentions with respect to applying for a licence.
Please contact Canny Legal on 5278 9500 if you have any queries regarding the new Labour Hire regime.