Summary of the Act
Labour hire Licence
A new licencing system has been introduced for labour hire provides throughout Queensland. The Act provides:-
Any person providing „labour hire services‟ in Queensland without a licence to do so will commit an offence;
„Labour hire services‟ is broadly defined to mean supplying a worker to another person to do work;
Licences must be renewed annually, and applicants must pass a „fit and proper persons‟ test before a licence will be issued.
Labour hire Licence Regulations
The Regulations have been introduced to provide further guidance as to how the labour hire licencing scheme will operate, and how the Act should be interpreted. Section 4 of the Regulations essentially limits the scope of the licencing requirements by providing a list of individuals who are not considered to be “workers”. Therefore, any person supplying these types of individuals to another is not providing labour hire services and consequently, does not need to obtain a licence.
Therelevantclassesofexcludedworkersare:-
1. An employee whose annual wages are equal to or more than $142,000.00 per annum (categorised as high income under the Fair Work Act 2009 (Cth)) and who is not covered by either a state/modern award or enterprise agreement;
2. An executive officer (where the provider is a corporation) who is also the only employee supplied by the provider to perform work.
3. An in-house employee* of a provider who is supplied to another person on a temporary basis on one or more occasions.
An individual is provided to another person if the provider and the other person are each part of an entity (or group of entities) which carries on a business collectively as one recognisable business. For example, a business operating a group of medical centres will employ workers through a trust entity and will then supply those workers to the various medical centres to perform work.
Labour hire Licence Fees
Regulations have confirmed the applicable licence fees relating to labour hire under the Act. These fees
be determined according to the wages paid by the business
financial year prior to the application.
be charged
fees on the basis of their protected wages
year.
Regulations have split businesses and the correspondinglicencefeesintothreetiers,asfollows:
Tier 1 Businesses (pay wages of less than $1.5 million): $1,000 licence fee
Tier 2 Businesses (pay wages more than $1.5 million but less than $5 million): $3,000 licence fee
Tier 3 Businesses (pay wages more than $5 million): $5,000 licence fee
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