The Labour Hire Licensing Act 2017 requires labour hire providers in South Australia to be licensed.
From 1 November 2019, if you provide labour hire services without being licensed, or you engage an unlicensed labour hire provider, penalties may apply.
Some exemptions have been granted. For more information regarding these exemptions see the Labour hire licence page on the SA.GOV website.
Proposed changes to legislation
The State Government has announced its intention to amend existing labour hire laws, following concerns about the scope and application of the licensing scheme in its current form.
The Government is seeking to narrow the scope of the scheme 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 that may be required to be licensed
It is proposed that the scope of the licensing scheme be narrowed to labour hire providers who provide workers to undertake the following types of work:
- Horticulture processing
- Meat processing
- Seafood processing
- Trolley collection.
If you have already applied for a licence
No action is required at this point in time. Should the legislation pass, some businesses that have already applied for a licence may no longer require a licence. Consumer and Business (CBS) will provide updates to all licence applicants as the proposed changes go through the legislative process.
If you need to apply for a licence
If you are unsure, you should seek legal advice to determine whether you are required to hold a labour hire licence.
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.
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 webpage 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 via occupational [at] sa.gov.au