Although Queensland and South Australia are the only other states with similar licensing regimes for labour rents, claimants and workers` owners should bear in mind that the Victorian Act may apply to intergovernmental trade agreements that have been concluded in Victoria and, furthermore, to work outside the state. All applications for staff recruitment are subject to approval by the secretary or an equivalent head of a public service. This power may be delegated to the competent assistant secretary or to an equivalent authority if the total duration of the commitment, including potential renewals, is less than 12 months. Hosts are prohibited from using an unauthorized employment agent and guests who do so are subject to significant fines, with a maximum penalty of more than $500,000. Employment agencies have had six months from April 29, 2019 to register online and apply for a licence to continue operating in Victoria. Hosts who use the services of employment agencies may be examined as part of the monitoring of compliance with the licensing system and with written notice to provide documents. Once the system begins, hosts, before including a labour provider, can determine whether the supplier they wish to use is authorized by checking the online registry of licensed employment agencies. Now that the program is well underway in Victoria, host companies should ensure that, when they use the services of a loan provider, they receive proof of the supplier`s work rent or exemption. Penalties for the use of unlicensed suppliers or the provision of unlicensed services are significant. If a labour recruitment proposal is not in line with the principle, the hiring of workers is not appropriate and alternative purchase agreements should be concluded. If you are not sure if you are a labour supplier, you should check the following information on the types of employment agencies under “Who is an employment provider” or seek independent legal advice for your particular circumstances. When the new hiring program begins in October, worker owners will no longer be able to use unauthorized temporary work providers. The recent trend of job insecurity in Australia has led to increased reliance on casual workers, short-term contracts, self-employed contractors and temporary workers.
If you offer one or more workers to work in and out of a business or other person, you are probably a labour supplier. If it`s you, you have to apply for a license. Companies offering employment agencies must now have work rental licences under the Labour Hire Licensing Act 2018 (Vic Act) 1. This article examines the impact of these new laws on parties in a supply chain where the supply or supply includes the supply of labour. Under the LHL Act, all employment agency providers must be licensed. In summary, this new regulation aims to protect all temporary workers and to regulate claimants – please respect their individual obligation in relation to the law. The Labour Hire Licensing Authority is responsible for the accreditation of employment agencies and the implementation of education, control and compliance activities.Back to Blog