Concern national labour hire licensing scheme could fall short

Work has resumed on a national approach to labour hire regulation, but farmers have some issues with how it may be implemented.

The ag industry has concerns over how far a national labour hire licensing scheme will go.

Farmers and migrant worker representatives alike fear a proposed national labour hire licensing scheme to get rid of dodgy bosses could fall short.

Work has restarted on the long-delayed national scheme, but concern has already arisen it will be watered down if states are left to legislate their own programs, rather than through federal laws.

Attorney-General and Industrial Relations Minister Michaelia Cash wrote to her state and territory counterparts on June 1, seeking a meeting to discuss a national approach to labour hire regulation “through the harmonisation of state and territory labour hire licensing schemes”.

“The specific details of a national approach to labour hire regulation will be a matter for the Commonwealth, states and territories to decide,” a spokesman for Senator Cash said.

It comes as the Government prepares to introduce an agriculture-specific work visa, and after it last week released draft laws with tough new penalties against farmers and contractors who exploit their workers.

Victoria and Queensland already have their own labour hire schemes in place, while South Australia narrowed its scheme last year to largely only apply to agricultural industries.

The Government first promised to introduce a national labour hire registration scheme in April 2019, indicating a single scheme would replace existing state programs, as per recommendations by the Migrant Workers Taskforce.

The move won support from the agricultural sector, arguing it’s vital to exposing unscrupulous contractors and stamping out worker exploitation in the farm sector.

But industry is now concerned “harmonisation” will instead see the states legislate their schemes while the Federal Government takes on a co-ordination role.

National Farmers’ Federation workplace relations manager Ben Rogers said while the NFF wanted a national scheme in place as soon as possible, he was concerned “harmonisation” could allow differences in laws from state to state.

“My concern is that a harmonised scheme will not be fit for purpose,” he said.

“The states all have different schemes, and I’m sceptical whether that can deliver something that is consistent.”

Migrant Workers Centre chief executive Matt Kunkel said many labour hire companies operated across state borders, meaning a national scheme was needed to provide real protection to workers.

“It needs to be based on the best practices of the Victorian and Queensland models – it can’t just be a registration scheme, it needs to be genuine licensing where companies are tested to see if they are fit and proper to employ people,” he said.