26 September 2023

New laws protecting labour hire workers

Start the conversation

Labour hire workers in Victoria now have the same rights and protections as direct employees after new laws came into effect this week (22 March).

WorkSafe Victoria urged organisations using labour hire to review their health and safety obligations.

“Typically, labour hire workers are employed by providers who then supply them to, or place them in, the workplace of an employer, known as the host,” WorkSafe said.

“Previously, hosts did not owe labour hire workers all the same occupational health and safety duties as direct employees, because labour hire workers were considered employees of the provider rather than the host,” it said.

“The reforms address this by extending the definition of ‘employer’ and ‘employee’ in the Occupational Health and Safety (OHS) Act so labour hire workers are considered employees of both the provider and the host.”

WorkSafe said among the benefits for labour hire workers, was protection from host employer discrimination for raising health and safety concerns.

The Authority said under the changes, providers and hosts now had a specific obligation to work together through a process of consultation, cooperation and coordination to ensure there were no gaps in health and safety for labour hire workers.

“The process should be ongoing throughout the term of the labour hire arrangement, including when changes are made to employment circumstances such as work location or role,” WorkSafe said.

Start the conversation

Be among the first to get all the Public Sector and Defence news and views that matter.

Subscribe now and receive the latest news, delivered free to your inbox.

By submitting your email address you are agreeing to Region Group's terms and conditions and privacy policy.