Posts: labour hire

In a recent decision of the NSW District Court, a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth), which resulted in workers being exposed to a risk of death or serious injury.

The first tranche of amendments to the Fair Work Act 2009 (Cth) pursuant to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) provided new powers to the Fair Work Commission to make a “regulated labour hire arrangement order”.

Earlier this month, Australia’s Industrial Relations Ministers agreed to produce a model for a harmonised labour hire regulation scheme by the end of October 2023.

In the unfair dismissal jurisdiction, where it is found by the Fair Work Commission (FWC) that an employee has been unfairly dismissed, the primary remedy under the Fair Work Act 2009 (Cth) (FW Act) is for the employee to be reinstated to the position they held immediately prior to their dismissal or another position on no less favourable terms.

A recent decision from the District Court of New South Wales has highlighted the importance of a host employer’s duty of care to any labour-hire worker it engages where the work directions and conditions are within the host employer’s knowledge and control.

General Manager of a labour hire business was fined $43,000 for his involvement in contraventions of the Fair Work Act.