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Labour hire licensing in the security industry

Example

Is a licence required?

1. Stadiums Pty Ltd operates a number of sporting and performance facilities on behalf of the owner of the venue.

As part of that business, and in accordance with the terms of their liquor licence, Stadiums is required to ensure that there is sufficient security measures in place to manage the venue during events.

Stadiums have a small directly employed security team, however, this is not sufficient during events. Stadiums uses a number a security companies to supply the required crowd controllers. Stadiums specifies the number of crowd controllers required, based on the terms of their liquor licence.

When the crowd controllers are on site, Stadium controls and directs the way in which they undertake their duties, although this may be communicated through a supervisor which is supplied by the security company.

Yes.

The security companies are labour hire providers as the agreement with Stadiums is for the supply of workers.

The security companies are not engaged to manage and be responsible for all aspects of security at the event – this remains the responsibility of Stadiums.

2. A security company provides a pub with security staff. The pub’s liquor licence sets the security requirements including the number of security staff. The duty manager of the pub coordinates the security staff and can direct them to take certain action such as removing a particular patron from the venue. The licensee has the obligation to ensure that the conditions of their liquor license are adhered to, including any registers, though the security staff may be directed to, or responsible for this work on behalf of the licensee. The security company controls the security staff’s roster and the worker wears the uniform of the security company.

Yes.

The security company is a labour hire provider in this case.

3. A security company is approached by a car yard to manage all aspects of their security. The security company conducts a review of the business premises and produces a report setting out the security measures that are required, such as the number of guards and frequency of patrols. The security company provides a quote for the cost of providing this service for one year. The car yard agrees and enters into a contract with the security company. The security guards supplied by the security company wear the uniform of the security company and all equipment is supplied by the security company.

No.

This appears to be an arrangement where the worker is performing work for the security company in fulfilling its contractual obligations to protect the car yard and is therefore not considered to be labour hire.

4. A security company has a subcontract with an alarm monitoring service and provides mobile patrol and alarm response services. The security company is contracted to:
  • undertake perimeter check at the clients site
  • prevent and report damage
  • respond to alarms
  • undertake internal and external inspections of the premises.

The workers undertake this work for the security company. The workers wear the uniform of the security company and are provided with a company vehicle. The workers provide security reports to the security company as part of their obligations under the subcontract.

No.

This appears to be an arrangement where the worker is working for the security company in fulfilling its contractual obligations to monitor and protect premises and is not considered to be labour hire.

5. A security company has a contract with a financial institution to provide cash in transit services to that financial institution in the South East Queensland region for one year. The contract is for a fixed price, which covers all cash in transit services within a regular schedule. The contract also provides for an ‘on-call’ service, which is invoiced on an hourly basis. The security company provides all staff, uniforms, trucks, equipment and weapons required for this service. The security company is liable for any loss that occurs as a result of the cash in transit service, and carry insurance to cover any such loss.

No.

This appears to be an arrangement where the worker is working for the security company in fulfilling its contractual obligations to transport cash and is not considered to be labour hire.


Last updated 14 August 2018