Australia: Labour Hire Licensing Scheme recommenced in South Australia

The Labour Hire Licensing Act 2017 (SA) will continue to operate, and will be enforced from 1 September 2019. CBS will recommence accepting applications for labour hire licences from 14 June 2019. All labour providers operating in South Australia must lodge their application by 31 August 2019.

As you may recall from previous updates, the Liberal Marshall Government had announced they intended to repeal the Labour Hire Licensing Act 2017 (SA), and the Consumer and Business Services Department (CBS) ceased accepting applications for licenses for some time. However, the Government has not been able to secure sufficient numbers in the Legislative Council to repeal the legislation. This means the Labour Hire Licensing Act 2017 (SA) will continue to operate, and will be enforced from 1 September 2019.

CBS will recommence accepting applications for labour hire licences from 14 June 2019. All labour providers operating in South Australia must lodge their application by 31 August 2019.

New exceptions

In accordance with a government gazette dated 6 June 2019, there are a number of new exceptions to the Scheme. These exceptions apply to a person who:

1. provides labour hire services where the provision of such services is not a core function of the person’s business or undertaking;
2. provides a worker to do work within the business or undertaking of:

• • a body corporate that is related to the provider under section 50 of the Corporations Act 2001 (Cth); or
  • a franchisee of a franchise of which the provider is also a franchisee; or
  • another person that carries on business collectively with the provider under one recognisable business.

Click the image below for a national overview of labour hire licensing in Australia.

This article was prepared by Wendy Fauvel, Senior Associate and Natassia Smith, Solicitor.

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