Additional 32 Draft clause 4(1) sets out circumstances in which an No change proposed. feedback individual is not a worker. Draft clause 4(2) states that clause 4(2) is necessary to provide flexibility in changing subregulation (1) does not apply to a class of persons circumstances, to support the scheme in protecting workers Exemptions: declared by the Minister by notice in writing to be a from being exploited and in improving the transparency and remove worker. Suggestion made that draft clause 4(2) should integrity of the Victorian labour hire industry. clause 4(2) be removed so that the Minister does not have this power. 9, 11, 12, No change proposed. Additional Exempt high income earners whose annual feedback 17, 22, 24, wages exceed the Fair Work Act 2009 (Cth) The Government does not consider there is merit in exempting 29, 31, 33, high-income threshold. Exemptions: high income earners from the scheme. This proposed exemption 38 has not featured in discussions during the Inquiry, the passage insert Exempt professional/trade services, genuine of the Labour Hire Licensing Bill 2017 (Vic) through additional or sub-contracting arrangements, genuine Parliament, previous consultation by the Department on the extended outsourcing and volunteers. scope of the scheme or the Regulations. exemptions Extend the one to two-person exemption to The provision of some services, genuine from the family businesses with less than 10 employees. arrangements, genuine outsourcing and volunteers scheme Include additional examples of ‘secondees’. are already excluded from the scheme in the definition of labour hire services’ in section 7 and section 9 of the Exclude joint venture arrangements in all ‘provides Act. circumstances. The Government does not propose to add additional examples Extend the exemption to include related bodies of arrangements in the Labour Hire Licensing ‘secondee’ corporate under the Corporations Act 2001 Regulations. However, it is expected that the Authority will (Cth). develop guidance material to provide clarification in this area.
Additional feedback Exemptions: remove clause 4(2) 32 Draft clause 4(1) sets out circumstances in which an individual is not a worker. Draft clause 4(2) states that subregulation (1) does not apply to a class of persons declared by the Minister by notice in writing to be a worker. Suggestion made that draft clause 4(2) should be removed so that the Minister does not have this power. No change proposed. clause 4(2) is necessary to provide flexibility in changing circumstances, to support the scheme in protecting workers from being exploited and in improving the transparency and integrity of the Victorian labour hire industry. Additional feedback Exemptions: insert additional or extended exemptions from the scheme 9, 11, 12, 17, 22, 24, 29, 31, 33, 38 Exempt high income earners whose annual wages exceed the Fair Work Act 2009 (Cth) high-income threshold. Exempt professional/trade services, genuine sub-contracting arrangements, genuine outsourcing and volunteers. Extend the one to two-person exemption to family businesses with less than 10 employees. Include additional examples of ‘secondees’. Exclude joint venture arrangements in all circumstances. Extend the exemption to include related bodies corporate under the Corporations Act 2001 (Cth). No change proposed. The Government does not consider there is merit in exempting high income earners from the scheme. This proposed exemption has not featured in discussions during the Inquiry, the passage of the Labour Hire Licensing Bill 2017 (Vic) through Parliament, previous consultation by the Department on the scope of the scheme or the Regulations. The provision of some services, genuine arrangements, genuine outsourcing and volunteers are already excluded from the scheme in the definition of ‘provides labour hire services’ in section 7 and section 9 of the Act. The Government does not propose to add additional examples of ‘secondee’ arrangements in the Labour Hire Licensing Regulations. However, it is expected that the Authority will develop guidance material to provide clarification in this area.
Response-to-Public-Submissions-on-the-Exposure-Draft-Labour-Hire-Licensing-Regulations-2018.docx