Amendments to South Australia’s labour hire laws commenced on 20th July 2020.
The scope of the licensing scheme has been narrowed to apply to labour hire providers operating within industries where workers are at a greater risk of exploitation due to the low-skilled, labour-intensive nature of the work that they are engaged to undertake.
Industries required to be licensed
A licence is required for labour hire providers who provide workers to undertake the following types of work:
- horticulture processing
- meat processing
- seafood processing
- trolley collection.
See the Labour hire licence page on the SA.GOV website for more information about the types of work and activities that are covered by the legislation.
Significant penalties apply if you:
- provide labour hire services without being licensed
- engage an unlicensed labour hire provider.
Penalties also apply if:
- a labour hire provider does not provide licence particulars to either the agent or the host (whichever is applicable)
- an agent/intermediary does not provide licence particulars to either another agent or to the host (whichever is applicable).
If you no longer need a licence
CBS is contacting all licence holders and applicants about the changes that commenced on 20 July 2020 and providing details of how to notify CBS should you no longer require a licence.
You can surrender your licence and you may be entitled to a partial refund of your licence fee.
If you have not received an email regarding your licence or application, please contact occupational [at] sa.gov.au.
Information about labour hire licences, including applying for a licence and other responsibilities of labour hire providers, is available on the Labour hire licence page on the SA.GOV website.
|Providing labour hire services without a licence||Individual/business: $140,000
|Advertising labour hire services whilst unlicensed||Maximum penalty: $30,000|
|A host entering into an arrangement with an unlicensed labour hire provider||Individual/business: $140,000
|Entering into an avoidance arrangement||Individual/business: $140,000
|Required information about the licence holder not provided to the host||$4,000|
|Required information not provided to labour hire workers||$4,000|
Other concerns about a labour hire provider
If you have concerns about an unscrupulous labour hire provider, please contact:
- Fair Work Ombudsman – To discuss or report concerns including pay, leave, ending employment, discrimination, and sham contracting. Visit the page Help us keep workplaces fair.
- Safe Work SA – To discuss or report concerns including safety, inadequate safety training, and worksite accidents. Visit safework.sa.gov.au.
Contact CBS occupational [at] sa.gov.au