General guidance for users of labour hire services
Users of labour hire services must ensure that they only use licensed labour hire providers. There are also other steps they can take to help protect workers from exploitation and to make sure that unscrupulous providers do not take advantage of their business.
Prior to entering an arrangement with a labour hire provider
Check the online register and ensure the business is licensed. Note: you cannot use a business with only an application on the pending applications list. You must wait until the licence is granted and in force.
When you click on the registered business
Note the names of the people put forward as running the business including any ‘executive officers’ and/or ‘nominated officers’.
If the person approaching you is not one of those people, you should check their authority to enter into a contract.
Ask to see an identity document.
Contact the ‘nominated officer’ on the register using the phone number or address shown, to satisfy yourself that the person or business is the licensed provider.
Contact the Labour Hire Licensing Compliance Unit (LHLCU) on 1300 576 088 if you are concerned or have any doubts about the identity of the business you are dealing with.
Keep a record of all checks made and the date/s conducted.
Once you have verified the status of the provider, enter into a written contract (agreement) with your provider that properly identifies who they are (contains ABN and names).
Have clear contract clauses with clear expectations of the provider – these could include an obligation to advise of any changes to the office holders of the business, an obligation to advise of any change to licence status, and an obligation to advise of any sub-contracting arrangements in place (know the supply chain).
Consider limiting the provider’s ability to sub-contract (so you can keep visibility of the supply chain).
Ensure contract terms, including the amount you are paying the labour hire provider, are sufficient so that workers are paid correct entitlements and set clear expectations that the provider must comply with workplace, safety, taxation and superannuation and migration laws.
After entering an arrangement with a labour hire provider
Use the labour hire register to periodically check the licence of your provider.
Conduct regular checks of your labour hire provider to verify time and wages of workers, and ensure records are accurately maintained.
Maintain a list of all workers on your site (it’s important to know who is on your workplace).
Conduct regular check-ins with workers supplied by labour hire providers.
If contract documentation, invoices, and/or emails appear to originate from a business other than the licensed business you made arrangements with, ask questions and contact the LHLCU if you are concerned.
