Labour Hire Licensing Act 2017 (Qld)

Labour Hire Licensing Act 2017

An Act to provide for the licensing and regulation of providers of labour hire services and related matters

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Labour Hire Licensing Act 2017.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Main purposes of Act (1) The main purposes of this Act are to— (a) protect workers from exploitation by providers of labour hire services; and (b) promote the integrity of the labour hire industry. (2) The main purposes are to be primarily achieved by establishing a licensing scheme to regulate the provision of labour hire services.

4 Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence.

5 Extraterritorial application of Act This Act applies— (a) inside Queensland; and (b) outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

Division 2 Interpretation

6 Definitions The dictionary in schedule 1 defines particular words used in this Act.

7 Meaning of provider and labour hire services (1) A person (a provider) provides labour hire services if, in the course of carrying on a business, the person supplies, to another person, a worker to do work. Examples of providers— • a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower • a group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer • an employment agency who on-hires temporary administration staff to a business (2) Without limiting subsection (1), a provider provides labour hire services regardless of— (a) whether or not the worker is an employee of the provider; and (b) whether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and (c) whether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and (d) whether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person. (3) However, a person does not provide labour hire services merely because— (a) the person is a private employment agent under the Private Employment Agents Act 2005; or (b) the person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004, section 10, and engages subcontractors to carry out the work; or (c) the person is, or is of a class of person, prescribed by regulation. (4) A regulation may prescribe a person, or a class of person, under subsection (3)(c) only if the supply of a worker by the person or class of person is not a dominant purpose of the business ordinarily carried on by the person or class of persons.