|Issue No 61||07 July 2000|
Labour Hire Task Force Begins Work
Workers and their trade unions are being asked make formal submissions to the Carr Government's Labour Hire Inquiry, which met for the first time this week.
The Task Force, chaired by former ACTU President Jennie George, wants to here about the impact of labour hire on working life and how they could be improved through regulation.
The Task Force membership comprises the Labor Council of NSW and nominated affiliates, the Recruitment and Consulting Services Association, Australian Business Limited, Employers' Federation of NSW, the Master Builders Association and the Australian Industry Group.
Submissions should contain an Executive Summary and ideally be no more than 15 pages in length including Appendices.
The Task Force encourages the lodgement of submissions in electronic form. Emailed submissions must include your name, postal address and telephone number and may be sent to: mailto:[email protected]
Terms of Reference
The Terms of Reference for the Task Force are to examine non-standard working arrangements surrounding the labour hire industry and in particular:
· examine the employment relationship that exists in different Australian jurisdictions, between workers, labour hire companies and host employers;
· consider whether the employment relationship between workers, labour hire companies, and host employers should be clarified or varied by law;
· consider whether the obligations of labour hire firms or host employers under occupational health and safety legislation should be clarified or varied by law; and
· any recommendations for legislative amendments will need to demonstrate on a cost-benefit basis that they are justified, and will not increase regulatory burdens on business in any way that might impact on employment levels at the industry or occupational level, and/or small and medium sized business.
Arising out of these Terms of Reference the following issues will be considered by the Task Force:
· examining the desirability of facilitating industrial instruments specifically for the labour hire industry, or of applying the prevailing conditions of the host employer to labour hire workers; and
· considering options which ensure the rights of workers of the labour hire firm and workers employed by the host company to organise and bargain effectively.
Written submissions may also be lodged with the NSW Department of Industrial Relations, PO Box 847, DARLINGHURST, 1300, marked "Labour Hire Task Force".
Submissions close on Friday 25 August 2000.
The Task Force will consider all submissions and may invite individuals and organisations making submissions to address the Task Force on points of clarification. Submissions may be made public by the Task Force but persons making submissions should not release them without the agreement of the Task Force.
The Task Force has developed a list of issues for consideration. A copy may be obtained from the Department of Industrial Relations Web site - www.dir.nsw.gov.au or by phoning (02) 9243 8869 or (02) 9243 8421.
Issues for Consideration by the TaskForce
¨ What are the characteristics and scope of the labour hire industry in NSW? Particular attention should be given to the following:
· Industry by industry breakdown, including
a) rural, regional and metropolitan splits;
b) occupational and gender breakdown; and
c) Federal v State jurisdictional coverage;
· The extent or otherwise of the use of group training schemes in the industry;
· The extent to which the industry provides opportunities for employment of persons with disabilities;
· Employer motivations for engaging labour hire workers;
· The extent and nature of workers compensation protection in the industry;
· The degree to which use is made of migrant and illegal workers in the industry;
· The extent of training and skills development in the industry.
¨ What are the advantages and disadvantages of labour hire arrangements for labour hire companies, host companies and workers?
¨ What are considered to be appropriate solutions?
¨ Identifying who at law is the employer of labour hire workers (and the extent to which the position may vary according to the circumstances of engagement), and considering whether it would be appropriate to clarify or vary the position by way of regulation or statute.
¨ If it is appropriate to clarify or vary the position by statute should this
be by way of:
1. amendment to the NSW Industrial Relations Act 1996;
2. or amendment to other existing NSW legislation; or
3. new legislation?
¨ Consider if it is appropriate to clarify or vary the position by non-legislative means such as a labour hire industry Code of Practice to define the rights and obligations of both labour hire companies and host companies.
¨ Examining the desirability of :
1. applying industry specific legislation (eg governing long service leave), and awards or site enterprise agreements applying to a host company to workers hired out by a labour hire company; and
2. facilitating industry awards which apply solely to labour hire workers (along the lines of the Clerks' Temporary Employment Services (State) Award).
¨ Considering whether it would it be appropriate to clarify or vary the position at law regarding who is responsible for the occupational health and safety, and rehabilitation of labour hire workers; and
¨ Considering options which ensure the rights of workers of the labour hire company, and workers engaged by the host company, to organise and bargain effectively.
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Last Modified: 15 Nov 2005