Regulatory Reaction

APSCo Australia assesses Queenland's new rules.

Regulatory Reaction

Australia & New Zealand

Julie Mills, APSCo Australia’s managing director has given a mixed response to the release of the Queensland Government’s Labour Hire Licensing Regulations. Mills says the response to the Regulations were not unexpected, given the level of consultation and awareness of what changes would and would not be implemented.

Mills commented: “we are pleased to note that our recommendations for some worker exclusions have been accepted including genuine secondments and individuals who earn above the high income threshold and who are not covered by an industrial instrument, modern award or enterprise agreement,” she says.

“The question of financial viability evidence has been a contentious discussion across all labour hire licensing schemes,” Mills added, “but at least, in part, Queensland’s regulations reflect APSCo Australia’s recommendations as to how an applicant should demonstrate financial viability. However, despite the strong recommendation that this information is best verified by an independent auditor/accountant, the regulations contain a list of financial documents that an applicant is required to provide, which may compel an applicant to disclose potentially sensitive information.”

Mills went on to say: “there are requirements around migration, industries and locations of workers as well as criminal history and business liquidations, significant record keeping obligations and other administrative requirements which will certainly add to business costs and ultimately to labour supply costs.”

In closing, Mills said: “as forecast, the fees are tiered, linked to wages paid for labour hire workers and are more costly than South Australia. Although recommendations have helped bring the Queensland Act closer in line with the South Australian Act, there is still some disparity which will prove challenging for labour hire providers in ensuring compliance across jurisdictions. The Queensland regulations are much more detailed than the South Australian regulations and cannot be completely unpacked until the application process is available.”



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