Labour hire licensing in Queensland: what builders need to check

In Queensland, a business that supplies workers to do work for someone else needs a labour hire licence. The law also reaches the business that uses them.

The two offences builders should know

• Providing labour hire services without a licence.
• Entering into an arrangement with a provider who does not hold a licence.

The second one is the builder’s risk. If you take on workers through an unlicensed provider, you can commit an offence even though you are not the one supplying them. An arrangement designed to avoid the licensing rules is also an offence.

The penalties

For each of those offences the maximum penalty is 1,034 penalty units or three years’ imprisonment for an individual, and 3,000 penalty units for a corporation. The value of a penalty unit changes each year, so the regulator states the penalty in units.

What to check before you engage a provider

• Check the provider holds a current licence with Labour Hire Licensing Queensland before work starts.
• Ask for a copy of their licence. A licensee must provide it on request.
• Check again at renewal time. A licence can be suspended or cancelled.
• Keep a record of the check with your subcontract paperwork.

Not every arrangement is labour hire. If you are not sure whether a licence is needed, check the regulator’s guidance or get advice before the workers start.