Read about the Labour Hire Licensing Compliance Unit's (LHLCU) ongoing collaboration with the Fair Work Ombudsman; working with the Australian Border Force in Bowen, Ayr and Gumlu; and engaging with industry in the Moreton Bay and Sunshine Coast Regional Council areas.
Collaboration with Fair Work Ombudsman (FWO)
As the national regulator of workplace laws, the Fair Work Ombudsman (FWO) works closely with the Queensland LHLCU on compliance in the labour hire sector. This is part of FWO’s enduring commitment to vulnerable or ‘at risk’ workers and its priority area of compliance in the agriculture sector.
FWO and the LHLCU meet regularly to discuss compliance trends and risks across all labour hire sectors, priority areas and regions, and to share information and intelligence as permitted by law.
We have recently conducted joint field operations with FWO in Stanthorpe and are collaborating on the development of educational resources for labour hire providers and users.
For those operating in the horticulture sector, we recommend the FWO’s Horticulture Showcase – a virtual hub of free workplace information and resources.
If you would like to report any instances of non-compliance with workplace laws by a labour hire provider you can:
Working with Australian Border Force in Bowen, Ayr and Gumlu
The LHLCU joined an Australian Border Force (ABF) led field operation to Bowen, Ayr and Gumlu regions targeting employer and user awareness in the horticultural industry.
The aim of the recent visits was to ensure growers were engaging licensed labour hire providers and also that the labour hire providers were compliant with relevant laws, including workplace and migration laws. Multiple farm visits during the joint operation identified a range of issues, including use of unlicensed labour hire providers and supply of labour hire workers who did not have valid rights to work on the farms. Using unlicensed labour hire providers is not only unlawful, but increases the risk that the labour hire provider is non-compliant with workplace, taxation and migration laws.
The LHLCU is continuing investigations into the unlicensed labour hire providers being used by growers. Both unlicensed providers and users who engage unlicensed providers can be prosecuted under the Labour Hire Licensing Act 2017, with significant penalties of up to $483,900 for companies and $166,784 for individuals or three years imprisonment applying for contraventions of this obligation.
Pleasingly, the LHLCU also identified that most growers were using licensed labour hire providers and conducting their own due diligence prior to and during their engagement of labour hire providers to ensure that workers were being treated fairly and lawfully.
Since commencement of the Queensland Labour Hire Licensing Scheme (the scheme), the LHLCU and ABF have regularly attended farm sites and stakeholder meetings to deliver education to growers using labour hire services and to conduct compliance checks on labour hire providers in the area.
The ABF and the LHLCU continue to work collaboratively to detect, deter and disrupt migrant worker exploitation in Australia.
Moreton Bay and Sunshine Coast Regional Council areas
Inspectors from the LHLCU also recently attended farms in the Moreton Bay and Sunshine Coast regional council areas to speak with the growers, labour hire providers and workers.
The LHLCU consistently acknowledges that growers know their industry deeply and this unique position allows them to boost standards within their supply chains, ensuring workers know their rights and helping protect workers, particularly migrant workers.
The aim of the recent visits was to ensure growers were engaging licensed labour hire providers and checking compliance with relevant laws, including wage, superannuation and accommodation requirements. Inspectors visited over a dozen sites and found improvements in compliance where growers were undertaking due diligence to ensure workers were receiving their entitlements.
However, Inspectors did identify instances where growers were unaware that their labour hire provider was sub-contracting to another labour hire provider, creating a higher risk for worker exploitation, underpayments and other non-compliant practices. Users who undertake due diligence practices – including ensuring they are aware of all contractors who are providing workers on their property – can assist to prevent exploitation of labour hire workers and make the horticulture sector a level playing field for all employers.
Workers can also play their part by checking their payslip and payments to their bank account, taking particular care to make sure the details match the business who engaged you to work.
If you have any concerns about a labour hire provider operating in Queensland we encourage you to contact us to report a problem or phone 1300 576 088.
