Page 591 - Week 02 - Thursday, 20 February 2020
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comes to workplace law and obligations. Applicants will have to demonstrate that they have a history of compliance with labour hire industry laws and are able to comply with labour hire industry laws.
A “suitable person” test will also ascertain whether the applicant has previously held a licence that has been cancelled or suspended or had conditions imposed on it. A labour hire licence will not be issued to any individual or an executive officer of a corporation who has been convicted of an offence against a labour hire industry law or another law that affects the applicant’s suitability to provide labour hire services. The labour hire licensing schemes enacted in both Queensland and Victoria have similar “fit and proper person” tests as a key feature of their respective legislation. These tests are essential to supporting the objective of integrity in the labour hire sector.
In addition to meeting the “suitable person” test, labour hire providers in the territory would also need to demonstrate their compliance with industry standards on a periodic basis in order to maintain their licence. A labour hire licence will require renewal every year. It will not be enough for labour hire providers to prove just the once that they are compliant with meeting their workplace obligations and responsibilities to their workers. They will have to continue to prove this for as long as they supply workers in the territory.
Compliance and enforcement mechanisms are critical to ensuring the integrity of the scheme and that its objectives are met. It is proposed that the scheme will be administered and regulated by the Work Health and Safety Commissioner. This will facilitate an immediate capacity to administer the scheme and leverages the regulatory and enforcement expertise within WorkSafe ACT to respond to specialised workplace and industrial legislative compliance awareness.
The Labour Hire Licensing Bill includes comprehensive provisions for regulatory action, which include imposing, or amending, a condition on the licence; suspending the licence; disqualifying the licensee from applying for another licence; or cancelling the licence altogether.
In order to protect reputable labour hire providers, there are strict provisions as to when regulatory action may be taken, including if a provider has contravened labour hire law; has contravened a condition of the licence; has used false or misleading information to obtain the licence; or has stopped operating the business that is the subject of the licence.
To ensure that the scheme is flexible and can respond to changes in future work arrangements, the Labour Hire Licensing Bill also ensures the ability to exempt certain employers or classes of employers from its operation if a compelling reason for exclusion is demonstrated.
Reputable labour hire providers in the territory have everything to gain from this bill. They will be shown to be ethical, responsible businesses that comply with workplace laws that protect their workers. In contrast, labour hire providers that exploit
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