Labour Hire Licensing Act 2017
The Labour Hire Licensing Act 2017 (the Act) commenced on 16 April 2018, supported by the Labour Hire Licensing Regulation 2018 (the Regulation).
Visit the labour hire licensing website labourhire.qld.gov.au for more information about the Queensland labour hire licensing scheme.
The Act establishes a mandatory labour hire licensing scheme to protect labour hire workers from exploitation and promote the integrity of the labour hire industry. Key features of the Act include:
- labour hire providers must be licensed to operate in Queensland
- persons who engage labour hire providers to only engage licensed providers
- labour hire licensees to satisfy a fit and proper person test to establish that they are capable of providing labour hire services in compliance with all relevant laws
- the labour hire business is financially viable.
- licensees must provide six monthly reports on labour hire and associated activities including accommodation, and in relation to compliance with relevant laws
- strong penalties for breach of obligations
- establishing a labour hire licensing compliance unit with a field services inspectorate with responsibility for awareness, monitoring and enforcement functions.
The Regulation provides information about application and reporting requirements.
The labour hire licensing website provides information about the scheme and rights and obligations for labour hire providers, users of labour hire and workers. Labour hire providers can apply for a licence and provide their reports online through the website. Users of labour hire and workers can search a register of licensed labour hire providers to verify they are dealing with legitimate licensed businesses. Any problems or concerns about a labour hire provider or labour hire arrangement can be easily reported through the website or by contacting the Labour Hire Licensing Team.
Existing labour hire providers had until 15 June 2018 to lodge an application for a licence. If an application was made by 15 June 2018, they are able to continue providing labour until a decision regarding the licence has been made.
Visit the labour hire licensing website for more information about the scheme.
The commencement of the Act follows the:
- introduction of the Labour Hire Licensing Bill 2017 by the Hon. Grace Grace, Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs on 25 May 2017
- passing of the Labour Hire Licensing Act 2017 by the Queensland Parliament on 7 September 2017 (read the Explanatory Notes)
- consultation on the development of the subordinate legislation to the Labour Hire Licensing Act 2017
- making of the Labour Hire Licensing Regulation 2018
- Decision Regulatory Impact statement (RIS)
- Issues Paper published and submissions received in relation to the Regulation of the Labour Hire Industry
- the 2016 Report of the Queensland Parliamentary Finance and Administration Committee into the practices of the labour hire industry in Queensland.
Further information on the Parliamentary Inquiry, the Issues Paper and the Decision RIS is below.
Report of the Queensland Finance and Administration Parliamentary Committee Inquiry into the practices of the labour hire industry in Queensland
The Labour Hire Licensing Act 2017 responds to the Report of the Queensland Finance and Administration Parliamentary Committee Inquiry released on 30 June 2016, which contained disturbing evidence of exploitation and mistreatment of labour hire workers in Queensland.
In December 2016, following the release of the findings of the Queensland Finance and Administration Parliamentary Committee Inquiry Report, the Queensland Government engaged in extensive consultation with stakeholders through an issues paper titled ‘Regulation of the Labour Hire Industry 2016’. Feedback was sought from stakeholders on the components of a labour hire licensing scheme and other measures to stop the exploitation and mistreatment of workers, provide minimum standards for a labour hire service provider, and improve the confidence in the overall integrity of labour hire in Queensland. View the written submissions.
Decision Regulatory Impact Statement
A Decision Regulatory Impact Statement (Decision RIS) was developed to help assess how the proposed regulation impacts on individuals, businesses and the community.
The Decision RIS also outlines other options considered in the development of the labour hire licensing scheme and considers the submissions made to the Regulation of the Labour Hire Industry issues paper released December 2016.
View the Decision RIS.