New labour hire licensing laws to commence

OVERVIEW
The South Australian State Parliament passed the Labour Hire Licensing Bill 2017 on 30 November 2017.

This Bill establishes a licensing scheme for labour hire providers and a requirement on clients utilising labour hire providers, including wineries and wine grape growers, to only use licensed providers or running risk of 3 years imprisonment and up to $400,000 in penalties.

SAWIA made its significant concerns with the Bill known throughout the legislative process and engaged in extensive lobbying of members of State Parliament to ensure better outcomes for the South Australian wine industry.

Whilst SAWIA primary position was that the legislation was not required to achieve greater compliance, we did seek extensive amendments to the Bill, the final version of the legislation not our ideal but is a much improved outcome for SAWIA and WGCSA members – although there are some still some concerning issues for those wine industry operations that may be subject to the coverage.

As a result of SAWIA’s lobbying the following key changes have been to the final version of the legislation that now will become law:

• Greater clarity around the type of businesses that will be required to be licensed;
• Ensuring that a business applying for licensing will obtain a license if meeting the criteria;
• Reducing the maximum penalty 5 to 3 years imprisonment;
• Mandatory review of the legislation within 3 years;
• Entry to workplaces has been limited to government inspectors; and
• Government inspectors will not be able enter premises, vessels or vehicles that are not workplaces without a court warrant.

 To read a detailed breakdown of the legislation, click here.