Case study: Reviewing a licensed provider

The Authority will conduct compliance monitoring of licensed labour hire providers.

The Authority examined a provider’s compliance with their legal obligations and found the provider was not complying with the relevant award and was underpaying workers.

Since identifying the noncompliance, the provider has proactively cooperated with the Authority to ensure that it complies with its obligations.

In addition to cooperating with the Authority, the provider could demonstrate compliance with other obligations.

The provider has also contacted their hosts to let them know:

• About the non-compliance with the award.
• Their arrangements to become compliant.

As a result of the Authority’s work with the provider, workers will now be paid according to the award. For the workers, this means hourly increases between $4 and $9 for weeknights and a doubling of pay for Sunday work.

The Authority has verified that the Award is being complied with and will monitor ongoing compliance by the labour hire provider.

Providers are required to remedy non-compliance

The Authority will continue to conduct compliance monitoring of labour hire providers. All providers must address any non-compliance or face compliance and enforcement activities, which may result in:

• refusing a licence application to provide labour hire services
• varying, suspending or cancelling a licence to provide labour hire services
• maximum penalties of $128,000 for individuals and exceeding $500,000 for companies, per breach.

Hosts have a role to play

The Authority will monitor hosts to ensure that they do not replace compliant providers with non-compliant providers who are not licensed.

If you have information or concerns about hosts seeking to engage non-compliant labour hire providers, contact the Authority through our website or call 1300 545 200.