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14 June 2019
Labourhire

The Labour Hire Licensing Act 2017 requires anyone who provides labour hire in South Australia to be licensed.

CBS has recommenced accepting labour hire applications.

All labour hire providers operating in SA must:

  • lodge their licence application by 31 August 2019
  • be licensed by 1 November 2019. 

From 1 November 2019 if you provide labour hire services without being licensed or you engage an unlicensed labour hire provider, penalties may apply. 

Exemptions

Further exemptions will now apply, to prevent businesses who were not intended to be captured by the scheme from having to apply for a licence. 

A labour hire licence is not required where the business provides workers:

  • but providing labour hire services is not a core function of the business - eg The core function of a doctors surgery is to provide health care services to the community, however, from time to time, a surgery may provide doctors or nursing staff to work in another surgery or hospital
  • to another business within the same group of companies - eg parent company supplying workers to a subsidiary company
  • to work in another business where both businesses are part of the same franchise
  • to work in another business that are not part of a franchise but are collectively operating using the same banner, branding or trading name.

These exemptions have been published in the Government Gazette on 6 June 2019

A labour hire licence is not required if you:

  • hold a current building, plumbing, gas fitting or electrical contractor licence
  • hold a current security or investigation agent's licence that is not restricted to being an employee only. 

These exemptions were published in the Government Gazette on 14 March 2018

If you have already applied for a licence

You should have received a direct email from CBS  asking you to consider the additional exemptions and to determine whether you still require a licence.

If you have not received a direct email as yet, please email  occupational [at] sa.gov.au.

If you need to apply for a 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