SAWIA Notice - Repealing the Labour Hire Licensing Act 2017

This SAWIA Notice provides an update on the Labour Hire Licensing Scheme and what grape growers need to know about the latest developments. 

One step closer to repeal of labour hire licensing
On 28 November 2018, the South Australian Attorney-General introduced the Labour Hire Licensing Repeal Act 2018 (the Repeal Bill) to repeal the Labour Hire Licensing Act 2017 following extensive lobbying and representation, including from the South Australian Wine Industry Association (SAWIA).

The Repeal Bill was passed by the House of Assembly on 27 February 2019. It is currently before the Legislative Council (Upper House) were the Government must win the support of the cross-bench to successfully pass the Repeal Bill into law.

SAWIA is continuing our lobbying and advocacy efforts, speaking to members of the South Australian Parliament about the importance to the wine industry of the Repeal Act being passed.

SAWIA expects the Repeal Act to be debated and voted on in the Legislative Council in April or May.

n the event there is insufficient parliamentary support for repealing the Act, then SAWIA would support a number of amendments being made to the Act to better target the intended group of labour hire employers.

Licensing system currently not enforced
As a result of the Government’s policy decision, the agency responsible for administering the Act, Consumer and Business Services (CBS), is not accepting applications for a labour hire licence at this time. In addition, CBS is not granting any licences already applied for until Parliament has dealt with the legislation to repeal the labour hire licensing scheme.

IMPORTANTLY - Employment & safety laws continue to apply, including paying correct wages

It should be noted that the process to repeal the labour hire licensing scheme does not affect the operation of other laws relating to employment or safety.

This means that host businesses/clients continue to be responsible for ensuring the health and safety of their labour hire/contract workers and be satisfied that the fees paid to labour hire/contract labour providers is sufficient to cover award minimum wages and entitlements.

Got questions about labour costs or employment conditions??? Professional telephone advice only a phone call away (pre-paid)
WGCSA members are entitled to contact SAWIA Business and Workplace Adviser, Henrik Wallgren via email: admin@winesa.asn.au or calling 08 8222 9277 and seek advice about any employment or safety related matter as part of an on-going arrangement between WGCSA and SAWIA.

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