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Managing the rights and safety of labour hire workers
What is this guide about
This document is designed to assist host employers to prepare for and manage labour hire workers.
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Wages and other pay entitlements
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clarify your occupational health and safety (OHS) obligations
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identify risks to health and safety
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match the labour hire worker to tasks
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complete induction and training
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supervise and monitor the health and safety of people at the workplace.
What is a host employer?
A ‘host employer' is
a firm that uses labour hire workers supplied by a labour hire agency or
contracts with a Group Training Organisation (GTO) for the training of
apprentices or trainees.
On-hired workers pay entitlements
Host employers' Pay obligations
Under Australian Law a host company who engages the services
of an on-hired worker has the ultimate responsibility of ensuring wages and salaries are paid to these workers
including superannuation entitlements, penalty rates and allowances.
The remuneration due to these workers should be based on an
appropriate award applicable to the host employer.
When selecting a labour hire firm to partner with, it is
important to consider host companies may have to reimburse the workers of the
sub-contractor for under payment of wages while in other cases the
superannuation and payroll tax has had to be paid by the host company.
Host companies may also be fined up to $30,000 each instance
if it knowingly uses sub- contractors that pay under award rates or employ
illegal workers.
Teamwork Oz will in no way put the host company in a
position that it falls under scrutiny of unions or other statutory bodies such
as the Workplace Ombudsman.
What should you expect from labour hire agencies?
At any time host companies may ask Teamwork Oz for
confirmation of Workcover payments, Superannuation payments to employees and
the immigration status of any employees sent to your site have been confirmed.
In this guide, Teamwork Oz provides sample documents
outlined in the statutory checklist attached so that host companies have the
confidence that they are dealing with a professional, well organized and lawful
business.
- Wages
- Superannuation
- Payroll Tax
- Workcover
- Immigration Clearance
- Public
Liability
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