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A business provides labour hire services if, in the course of carrying on a business, the business supplies, to another person or business, a worker to do work.
This is an all-encompassing definition that includes, for example:
Yes, you will not be considered a labour hire provider if you enter into a contract to carry out construction work. This exemption is designed to cover genuine subcontracting arrangements within the building industry.
Examples:
Situation | Is the business a labour hire provider? |
|
No, this appears to be a genuine subcontracting arrangement and is therefore not considered to be labour hire. |
|
Yes, the subcontractor providing the workers is considered to be providing labour hire services in this case. |
|
No, this appears to be a genuine subcontracting arrangement and is therefore not considered to be labour hire. |
Yes. If you are a “labour hire provider” that has a workforce of excluded workers you will not have to have a labour hire licence to supply that worker.
Workers are excluded if:
They are a high wage employee meaning:
The provider is a corporation - an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work.
An in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on one or more occasions. For example:
Note: the definition of an in-house employee is someone:
An individual who a provider supplies to another person to do work if the provider and the other person are each part three of an entity or group of entities that carry on business collectively as one recognisable business, for example:
You must apply for a licence with the authority. Information to be provided includes:
If you are a labour hire provider under the scheme, you must have a licence to operate in Queensland. Penalties will apply if you provide labour hire services without a licence.
If you want to use labour hire workers, you must only use a licensed provider. Penalties will apply if you use a provider who isn’t licensed. The Queensland Government will provide a searchable public register of licensees. This will let you check if a labour hire provider is licensed. If you want to find a suitable labour hire provider, you will be able to search by location and/or industry.
For what is covered by the above scenarios visit:
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