Poultry processing industry
If you conduct a business supplying workers to a host to perform any one or more of:
at a poultry processing establishment, then it will be labour hire and you will require a labour hire licence. This applies regardless of whether the worker also does other kinds of work for the host.
The examples provided are for illustrative purposes only, and do not constitute legal advice. You should consider your particular circumstances when determining whether you require a labour hire licence. If you are unsure, you should seek legal advice.
Ducks & More Pty Ltd is a poultry processing establishment that takes delivery from the grower farms of ducks that are ready for slaughter and further processing. Ducks & More are expecting a delivery of 1500 ducks on Tuesday. Ducks & More’s most experienced duck boner called in sick on Monday and won’t be in for the rest of the week. Ducks & More contact Quick Fix Pty Ltd, a business that supplies meat and poultry process workers. Quick Fix Work supply John, an experienced duck boner to Ducks & More for the week.
In this scenario:
- Quick Fix Work is a labour hire provider as it is conducting a business of providing meat and poultry process workers, and then supplies John to Ducks & More to perform poultry processing activities.
- John is taken to perform work in and as part of Ducks & More’s business as John is performing one or more of killing, processing, preparation and packing in a poultry processing establishment as set out in regulation 5.
- Ducks & More is a host because Quick Fix Work is providing them with labour hire services, but also Ducks & More are taken to be a business or undertaking of a host because Regulation 5 applies to John.
- John is a worker as he has an arrangement with Quick Fix Work under which Quick Fix Work supplies him to other persons to perform work, and Quick Fix Work is obliged to pay him for performance of that work.