“GANGMASTERS” the Case for Labour Hire Licensing

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TACKLING AUSTRALIA’S “GANGMASTERS” The Case for Labour Hire Licensing PRESENTED BY PROFESSOR ANTHONY FORSYTH The Adelaide Law School’s Work and Employment Regulation research group and the SA Chapter of the Australian Labour Law Association invite you to a seminar, presented by Professor Anthony Forsyth. In 2015, Anthony was selected to chair the Victorian Government's inquiry into the labour hire industry. The Victorian Government has accepted a majority of the 35 recommendations contained in the final report following the inquiry – including the recommendation that a licensing scheme be established to regulate labour hire operators. Legislation to establish such a scheme has since been enacted in both Queensland and South Australia. In this seminar, Anthony will discuss the key findings of the Victorian Inquiry, the Victorian Government’s response, and the legislation passed in Queensland and South Australia. Where: Moot Court, Level 1, University of Adelaide Law School When: Tuesday 27 February 2018, 5.15 pm – 6.30 pm Registration: Please register through Eventbrite at https://www.eventbrite.com.au/e/tackling- australias-gangmasters-the-case-for-labour-hire-licensing-tickets-41983610108 Anthony Forsyth is a Professor with the Graduate School of Business and Law at RMIT University where he lectures in employment law and a consultant with Corrs Chambers Westgarth where he oversees the firm's thought leadership in workplace relations and work health and safety. Anthony has been published extensively and he is recognised as a leading academic in the fields of workplace dispute resolution and dispute prevention, collective bargaining, union recognition, and good faith bargaining. Anthony is also a co-author of the 6th edition of Creighton and Stewart's Labour Law. .

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New Labour Hire Licensing Laws in Australia
Licence to Skill: New Labour Hire Licensing Laws in Australia For the first time, Australia is set to have three A “labour hire provider” is broadly defined and includes a person or business that supplies workers to do work for another person, states operating under three different mandatory regardless of how the activity might be described. The application is labour hire licensing schemes, which will broadly extremely broad and the regulations, which are purported to exclude impact the recruitment industry as well as the certain arrangements, are yet to be published. businesses that engage them. There are significant penalties for non-compliance. For example, operating without a licence will incur a maximum penalty of The schemes currently operating throughout Australia are not AU$130,439.10 for an individual or three years’ imprisonment and generally directed towards labour hire providers, and a number AU$378,450 for a corporation. The same penalties will also apply to expressly exclude labour hire. The recent push towards increased persons that enter into arrangements with unlicensed providers. regulation and extensive scrutiny was triggered by the Australian Broadcasting Corporation’s Four Corners program, “Slaving Away”, Whilst the licence application and annual renewal fees will be in May 2015, which exposed exploitation of mostly migrant workers structured according to the size of a business, it is not yet clear through unscrupulous labour hire companies operating on farms and which companies would be classified as either a small, medium or in factories around the country. large provider. In response to public outcry, federal and (some) state governments In applying for a licence, labour hire providers (including a company’s commissioned inquiries (which are at varying levels of completion) executive officers) must satisfy a broad and subjective “fit and into such exploitation and misconduct.
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Consultation on the Operation of the Gangmasters Licensing (Exclusions) Regulations 2006 7
DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 1 communisis The leading print partner C M www.defra.gov.uk Y K JOB LOCATION: PRINERGY 1 DISCLAIMER APPROVER The accuracy and the content of this file is the responsibility of the Approver. Please authorise approval only if you wish to proceed to print. Communisis PMS cannot accept liability for errors once the file has been printed. PRINTER This colour bar is produced manually all end users must check final separations to verify Consultation on the colours before printing. operation of the Gangmasters Licensing (Exclusions) Regulations 2006 July 2008 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 2 Consu Summ Backg Discu Propo D S S S Quas Supp Pea v Fores Department for Environment, Food and Rural Affairs Nobel House What 17 Smith Square Anne London SW1P 3JR Telephone 020 7238 6000 T Website: www.defra.gov.uk Anne © Crown copyright 2008 A Copyright in the typographical arrangement and design rests with the Crown. Anne This publication (excluding the royal arms and departmental logos) may be reused free of charge Q in any format or medium provided that it is reused accurately and not used in a misleading Anne context. The material must be acknowledged as crown copyright and the title of the publication specified. P Information about this publication and further copies are available from: Anne L Gangmasters, Employment and Tenancies Team Area 7E, Millbank c/o Nobel House Defra 17 Smith Square London SW1P 3JR Email: [email protected] Tel: 020 7238 5702 This document is available on the Defra
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