The long awaited Labour Hire Licensing Regulation 2018 (Qld) was released last Friday.
The Labour Hire Licensing Act 2017 (Qld) (Act) was passed late last year and requires that a person who provides “labour hire services” in Queensland must
be licensed to do so.
A person provides “labour hire services” if they supply a worker to another person to do work, which is a very broad definition. Refer to our previous
newsletters for more information about the Act.
The Regulations give more detail about how the labour hire licensing scheme will operate.
The Regulations exempt some persons from the Act:
An employee whose annual rate of earnings exceeds theFair Work Act 2009 (Cth) “high income threshold”, which is currently $142,000 base remuneration
per annum, and who is not covered by an award or enterprise agreement (high income earner exemption);
An executive officer of a corporation who is the only employee supplied to perform work (sole director worker exemption);
An in-house employee of a provider that is supplied on a temporary basis on one or more occasions and their work is not as a labour hire worker (in-house
Where the entity / person to whom the “worker” is provided is part of a group of entities that carry on a business collectively as a recognisable business
(group company exemption).
We emphasise that those are only summaries of the exemptions and the Regulations should be referred to for their full meaning and effect.
A business does not have to be licensed under the Act if it only provides workers who fall within those exemptions.
However, if a business also provides other workers (not within the exemptions) then it still must be licensed for those other workers.
The licence fees will be:
Wages of less than $1.5 million - $1000 fee
Wages more than $1.5 million but less than $5 million - $3000 fee
Wages more than $5 million - $5000 fee
For more information about the commencement of the labour hire licensing scheme, please attend one of our upcoming seminars. Details below:
Seminar dates and times:
Friday 27 April, 2018
Thursday 3 May, 2018
Finish: 11.45 AM
McKays Law Centre, 34 Wood Street Mackay