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Secondment exceptions in the Australian Labour Hire Licensing Schemes - a sporting analogy

November 18, 2019

With new labour hire licensing schemes now introduced in Queensland, Victoria and South Australia, there is more than a little confusion in some circles about just what the new legislation means for employers and labour hire providers.


In a recent story published by Andrew C Wood Hon FRCSA (Life) Workforce Relations Advisor with WorkAccord, an Australian Lawyer looks at the “secondment” exception which can be found within the legislation in each state.


In the piece, he uses the scenario of the Melbourne Storm rugby league club sending a player to join the Sunshine Coast Falcons team in Queensland and whether the Storm would subsequently be required to produce Victorian and Queensland labour hire licences for the secondment to be “legal”.


In this scenario, Wood suggests that a hypothetical agreement between the Storm, a professional rugby league team, and the Falcons, who play in a semi-professional competition, might often see players from Melbourne sent to the Coast to play as part of their preparation for returning to the top tier of the game.


“At this point, it’s starting to look a lot like a familiar triangular labour-hire arrangement,” Wood explains. “A worker (Storm player) is supplied to another person (Falcons) to perform work (play footy) in and as part of the business or undertaking of the other person (Falcons).


“It doesn’t matter that the clubs are in two different states – both states have labour-hire licensing schemes that operate beyond state bo