Field visits in Far North Queensland and general guidance for users
Inspectors from Labour Hire Licensing Compliance Unit (LHLCU) recently conducted follow-up field visits in the Far North Queensland region after a multi-agency engagement late last year. Although severe weather cut the trip short, farms and other labour hire users showed a willingness to assist with our enquiries. This was a positive outcome and supports our ongoing work to protect workers from exploitation and promote the integrity of Queensland’s labour hire industry.
Our recent field compliance work shows that labour hire users in Queensland are generally aware of the scheme and are taking steps to check their labour hire providers are licensed. This diligence helps reduce opportunities for rogue operators. As a result, some rogue operators are now turning to tactics like fraudulently ‘using’ the name of a legitimate licensed labour hire provider and pretending to work for that business.
The LHLCU is working hard to stamp out this conduct, with recent successful prosecutions of this kind of conduct. We appreciate any tip-offs and information provided by the community. You can report concerns, which can be anonymous, through the ‘report a problem’ function on our website or contact us directly by phone or email.
Labour hire users can also take additional steps to protect workers from exploitation and safeguard their business from unscrupulous rogue operators. These steps are outlined below and were featured in an earlier edition of the newsletter.
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 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 to the labour hire provider, are sufficient so that workers are paid correct entitlements and clearly set expectations that the provider complies 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 worksite or 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.
