Labour hire licensing postponed to February 2019

NOTICE TO WINE GRAPE COUNCIL OF SOUTH AUSTRALIA MEMBERS: LABOUR HIRE LICENSING: ENFORCEMENT POSTPONED UNTIL FEBRUARY 2019

The South Australian Labour Hire Licensing Act 2017 (the Act) commenced operation on 1 March 2018, requiring providers of “labour hire services” to be licenced, with the requirement to hold a licence effective from 1 September 2018.

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 SAWIA’s primary position is for the Act to be repealed.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.

SAWIA has also been liaising directly with the agency responsible for enforcing the legislation, Consumer and Business Services (CBS).

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.

This also means that clients of labour hire service providers do not need to verify whether the provider is licensed until 1 February 2019. However, as a part of the vintage preparations it is recommended that if utilising labour hire services, wine industry employers verify whether their provider is required to be licensed and then if a licensed has been granted prior to commencement of the 2019 vintage.

It is also recommended that providers of labour hire services postpone applying for a licence until further notice.

SAWIA will continue to liaise with the State Government about labour hire licensing and will provide further updates in due course.

SAWIA will also be running briefing sessions on the labour hire licensing scheme and the obligations under the Act across South Australia’s wine regions during September and will provide further updates in relation this.

FURTHER INFORMATION AND ADVICE

For further information and advice, please contact either of the following:
- Henrik Wallgren: 8222 9270 or henrik@winesa.asn.au
- Sarah Hills on 8222 9212 or sarah@winesa.asn.au