Working with Australian Border Force in North Queensland

The Labour hire licensing compliance unit (LHLCU) joined an Australian Border Force (ABF) led field operation in North Queensland focusing on the horticultural industry in Dimbulah, Mareeba and Innisfail.

The purpose of the field operation included educational visits to farms and investigations into unlicensed labour hire providers operating in the area, including avoidance arrangements. These arrangements are designed to circumvent the requirement to hold a labour hire licence, placing workers at risk of exploitation. The operation identified several unlicensed providers and instances of avoidance arrangements activity. There are significant penalties under the Labour Hire Licensing Act 2017 for all parties who enter an avoidance arrangement.

If you would like to discuss an arrangement to ensure you are complying with your obligations under the LHL Act, please contact us or phone 1300 576 088.

ABF also located several Pacific Australia Labour Mobility (PALM) scheme workers who had disengaged from their sponsor. Disengaged workers are vulnerable to further exploitation including modern slavery. A recent report into modern slavery by the Office of the Anti-Slavery Commissioner highlighted these risks for PALM workers and identified that jurisdictions with labour hire licensing schemes including the Queensland labour hire licensing scheme may have caused unscrupulous providers to shift their operations to states that don’t have a licensing scheme. There is growing misinformation in the PALM scheme worker community about Protection visas, with some applicants believing it is a way to stay in Australia to continue working. However, a protection visa (subclass 866) is for asylum seekers who are at real risk of significant harm or have a well-founded fear of persecution if they return to their home country. Workers may be unaware of the consequences if they are refused a protection visa. PALM scheme employers are encouraged to share the Home Affairs protection visa reform webpage with workers. The webpage includes translated videos and factsheets, as well as information on how to access the free legal advice in each state and territory. PALM workers who would like to remain permanently in Australia should be encouraged to consider entering the ballot for the Pacific Engagement Visa.

The LHLCU, WorkCover Queensland, PALM scheme and ABF continue to work together, including through these types of joint field operations to combat the exploitation of migrant workers, particularly PALM scheme workers.