Labour Hire Law Update: Enforcement Postponed

Thursday, Jun 7, 2018

The South Australian Labour Hire Licensing Act 2017 (the Act) commenced operation on 1 March 2018, requiring providers of “labour hire services” to be licensed, with the requirement to hold a licence effective from 1 September 2018. However, following extensive stakeholder feedback the South Australian State Government has decided to postpone the enforcement of the Act until 1 February 2019.

Following the 2018 State election the new Liberal State Government has received a number of submissions, including a comprehensive submission from the South Australian Wine Industry Association (SAWIA). SAWIA’s primary position is for the Act to be repealed. 

However, if repeal is not possible then SAWIA’s position is that the Act should be substantially amended, including to provide greater certainty in relation to coverage, to reduce red tape and align penalties under the Act with the lower penalties of other licensing schemes.

To ensure that there is sufficient time for the State Government to consider and properly address the issues raised by the stakeholders, CBS on 5 June 2018 made the decision not to enforce the legislation until 1 February 2019. 

Effectively, this means that the deadline for a provider or labour hire services to hold a licence has been moved from 1 September 2018 to 1 February 2019.

For more information, SAWIA members can access a Notice to Members under the Employee Relations Noticeboard