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ACT Labour Hire Licensing Scheme

Posted
Members should be advised that they can now make a labour hire licensing scheme application. All labour hire providers have until 27 November 2021 to lodge and finalise their licence application.

The ACT Government have introduced this new licence under the Labour Hire Licensing Act 2020, to protect labour hire workers, and promote responsible practices in the labour hire services industry.

Do I need a licence?

If your business provides a worker to another person (whether individual or a business), to do work, you will need a labour hire licence. This is a very broad definition.

There are some important exemptions, including:

  • High income earners
  • Secondees / in-house workers
  • Public servants
  • Directors of small body corporates
  • Internal labour hire

The MBA is currently working through what these exemptions mean for our members and will send out further information shortly.

How do I apply?

Further announcements will be made by WorkSafe ACT about how you can apply for a licence shortly. We will let members know when the application process is open.

You can start preparing for your application by reading sections 6 and 7 of the Labour Hire Licensing Regulation 2021, which lists what information you will need to provide, including on your suitability. You can also read more about the scheme in this Fact Sheet, produced by the ACT Government.

Penalties

If you provide labour hire and you do not have a licence after 27 November 2021, significant penalties apply.

Employers who use unlicenced labour hire providers from 27 November 2021 also face a fine.

What is next?

WorkSafe ACT are holding information sessions about the Labour Hire Licensing Scheme. You can register for these sessions here.

MBA will also be conducting member workshops and discussing the scheme in detail at the next sector council meetings, which we encourage you to attend.