Page 1127 - Week 04 - Thursday, 21 May 2020
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It is so great to see these recommendations, in some form, finally coming to fruition with the introduction of this bill. I now look forward to, and hope for, a future in which workers engaged in labour hire can be free of fear of exploitation in our city.
MS ORR (Yerrabi—Minister for Community Services and Facilities, Minister for Disability, Minister for Employment and Workplace Safety and Minister for Government Services and Procurement) (5.29), in reply: I rise to conclude debate on this bill and table a revised explanatory statement. The Labour Hire Licensing Bill 2020 delivers on this government’s commitment to develop the labour hire licensing scheme in order to protect vulnerable territory workers. This scheme will foster responsible practices in the ACT labour hire industry, ensure that labour hire businesses operating in the ACT meet their obligations to their workers, and outline a framework to respond to any noncompliance of workplace standards by the labour hire industry in the territory.
We all have an obligation to ensure that the rights and livelihoods of vulnerable workers are protected as much as possible, and members will already be aware of the inquiries that have uncovered the vulnerabilities and insecurities that many Australian labour hire workers experience every day. This includes being subject to poor treatment at work, underpayment and unauthorised deductions of wages, exposure to dangerous workplace conditions and living in substandard accommodation. This makes the necessity for a labour hire scheme in the territory an important one. Furthermore, labour hire operators who actually engage in ethical practices have had their good work overshadowed by those who exploit their workers purely for profit.
The bill before us today outlines a labour hire licensing scheme that has been designed to be fit for purpose for the territory. At the heart of this is the definition of labour hire provider. This government does not believe it is acceptable to adopt narrow parameters as to what constitutes labour hire in the territory. It is our firm intention, with this bill, that a provider be defined as an individual or business that supplies a worker to do work on behalf of another individual or business. This is because no worker should be left unprotected simply because of the industry that they work in. By incorporating a broader definition of labour hire provider into this bill, the territory’s labour hire licensing scheme will still be flexible enough to adapt to the changing nature of work in the territory.
To further support this intent, in order to ensure that the scheme is adaptable enough to respond to changes in future work arrangements, the bill contains provisions for a ministerial declaration that a person is or is not a worker. This government has proven time and again that it is responsive to evolving workplace practices. We will continue to collaborate with stakeholders in the territory to ensure that improvements and mutually supportive reforms assist businesses and employees alike.
In addition to the requirement to have a valid labour hire licence, providers will also be subject to a suitable person test. This test is critical in assessing the likelihood of providers complying with workplace laws. The bill being debated today includes provisions that will be applicable to all applicants for a labour hire licence. The provisions will determine whether an applicant is honest, professional and has
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