Mere days before the scheduled commencement of the ACT’s Labour Hire Licensing Scheme, the regulations have finally been notified. Unlike the regulations in other states, they don’t set out exemptions or fees.
For the exemptions, you have to go to the Labour Hire Licensing(Exempt Workers) Declaration 2021 (No1). Does that sound like there might be more? That’s hard to say.
But for starters. the following are not “workers”:
· public servants;
· high income workers provided that they’re not covered by an award of enterprise agreement under the FWA;
· in-house employees on secondment;
· internal labour-hire employees working within a group of related entities;
· employed directors and senior managers of corporations with no more than two directors provided that the director or senior manager is the only person who is supplied by the corporation to undertake work for another person.
There are definitions that refine some of these exceptions.
For the fees, you have to go to the Labour Hire Licensing (Fee) Determination 2021 (No 1). Could be more of those too!
The application fee under s. 24 of the Act is $2,900. But keep in mind that there may also be a licence fee if a licence is ssued. There will probably be questions. But it’s a start.
Andrew C. Wood