Growcom and the Queensland Horticulture Council have expressed our strong support for better oversight of the labour hire industry in horticulture.
In our submission to the Queensland Government’s inquiry into the regulation of the labour hire industry, we recognised that labour hire operators are vital in the horticulture industry and many run honest and ethical businesses. However, it is the growing number of “fly by night” operators that is a serious and growing concern.
The ease with which anyone can register for an Australian Business Number (ABN) and then set themselves up as a labour hire contractor is a real issue. Problems arise when a grower fails to undertake proper due diligence on the labour hire contractor’s operations. Growcom is working with the Fair Work Ombudsman to ensure our members are fully informed of their obligations to their workers.
We commended the Queensland Government for its proactive approach to advocating a licensing scheme for the state. However, we are not supportive of individual states developing legislation.
Instead, we have asked the Queensland Government to promote a national approach via the Council of Australian Governments (COAG).
One of the issues we have with the government’s proposed state system is that many rogue operators work across state borders, as do many growers. Having to navigate multi-jurisdictional requirements in running their businesses is an on-going issue for many growers. A state-based regulatory system for labour hire would add more difficulties.
The national peak body for the labour hire industry, the Recruitment and Consulting Services Association (RCSA), is developing an Employment Services Provider Certification program. This national assurance audit program will provide assurance to purchasers of employment services and will be open to all employment service providers.
The RCSA certification program is already well advanced and has the support of Growcom and other agricultural bodies, the unions and the Australian Government. It addresses six key areas that the Queensland Government has identified as issues in its inquiry. The need for:
- A fit and proper persons test.
- Work status and remuneration assurance.
- Financial assurance.
- Recognition of safe work requirements.
- Confirmation of migration status.
- Provision of decent accommodation (where applicable).
We have asked the Queensland Government to work with the labour hire industry to complement the industry-led national certification process rather than imposing a top-down regulatory approach.
Growcom is also developing an “ethical treatment of workers” certification through funding from the Fair Work Ombudsman. These two certifications will provide the mechanisms for all players in the supply chain to demand and be able to supply evidence of good practice.
Finally, we accept that our growers cannot ignore poor practice by labour hire contractors operating on their farms. However, we reject outright the Queensland Government’s proposal that host employers should be pursued for any liabilities incurred by a registered/certified LHC.
