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The new law - labour hire companies QLD

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Old 26th Jan 2018, 11:55
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The new law - labour hire companies QLD

This seems to affect in house too.

Not just general labour hire companies.


Will be a interesting moment !


Massive fines up to $400,000 or 3 year supply of soap on a rope. All official in April 2018.
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Old 26th Jan 2018, 20:28
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What laws????
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Old 26th Jan 2018, 20:58
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The Labour Hire Licensing Act 2017.

https://www.treasury.qld.gov.au/fair...hire-industry/

Not before time, but I doubt the new law will wipe out abuses suffered by a minority of casual labour hire workers, including working holiday Visa holders.
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Old 26th Jan 2018, 23:45
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It appears to capture in-house labour as well. So if the worker from one base is sent to another to do some relief work and money is transferred (base/section budget reasons)within the company/s they will also require this new licence.

I believe South Australia recently passed similar law, not sure for the effective date on that.


Some labour hire companies have some pretty wild interpretation of regulations and laws.
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Old 27th Jan 2018, 09:00
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Would anyone disagree with the following relating to outside aviation terms?


AME = Trade assistant (requires supervision)


LAME = Tradesman (supervises work of non tradesman)
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Old 27th Jan 2018, 20:58
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AME with a Certificate 4 = Tradesman Carpenter
LAME = Licensed Builder/Plumber/Gas Fitter
Not all that many trades eg Mechanic, Fitter, Bricklayer etc actually require a license to do the work that they have gained a trade certificate for.
my thoughts only ....
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Old 27th Jan 2018, 22:18
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With Labor in power, the data collected every 6 months will be a gold mine for the unions who control the labor pollies.
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Old 27th Jan 2018, 23:06
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But even an AME with a Certificate 4 requires direct supervision of a LAME.

This excludes then them from ever being classified as a certain type of worker, that is favoured by Labour Hire companies in the aviation area.

That then evades certain other things such as payroll tax.


Yes the data will no doubt be very valuable and nothing like a few random inspections to be thrown in not so randomly.
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Old 28th Jan 2018, 02:18
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As I understand it Routine supervision of an AME (cert 4) is required and work performed to be inspected prior to the LAME signing for it. I'll ask abut it to be sure tomorrow.
cheers
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Old 28th Jan 2018, 09:05
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Originally Posted by Avgas172
As I understand it Routine supervision of an AME (cert 4) is required and work performed to be inspected prior to the LAME signing for it. I'll ask abut it to be sure tomorrow.
cheers
Supervision is required, full stop.

The LAME, and only the LAME, decides what level of supervision is required. If they decide that a task requires close supervision then it matters not what qualification the person performing the task holds.
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Old 28th Jan 2018, 09:13
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NZ Conehead, What is your take on Labour Hire companies in Australia and operations within the laws?
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Old 28th Jan 2018, 09:23
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Originally Posted by Kiwiconehead
Supervision is required, full stop.

The LAME, and only the LAME, decides what level of supervision is required. If they decide that a task requires close supervision then it matters not what qualification the person performing the task holds.
Especially when the supervising LAME is less experienced at the task than the person performing said task ....
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Old 28th Jan 2018, 09:28
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Originally Posted by Avgas172
Especially when the supervising LAME is less experienced at the task than the person performing said task ....


Very true point!


I am not sure but is it legal to employ a LAME as a AME if they are working on rated aircraft?
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Old 28th Jan 2018, 20:39
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Originally Posted by Bend alot
NZ Conehead, What is your take on Labour Hire companies in Australia and operations within the laws?
My take is that none of them operate legally within Australian tax laws. Working under an ABN for work which is paid by the hour is sham contracting.

If you were engaged for a fixed price for a fixed task then it is legal (ie $XXX for a 100 hourly or phase or engine change) but when you are turning up, working by the hour and getting paid by the hour you are a casual employee.


However it is rife in the industry and the ALAEA and other unions seem totally uninterested in doing anything about it.

The ATO have been doing things, I do know of people contracting for one company all the time who have had ABNs cancelled due to not being a contractor.
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Old 28th Jan 2018, 20:43
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Originally Posted by Bend alot
I am not sure but is it legal to employ a LAME as a AME if they are working on rated aircraft?
I have done it in the past. And do now still work on aircraft I am not licensed on under supervision of other LAMEs, in and out of category.

However, I don't have a Cert IV which is what all the big mobs ask for with contracts. Has worried me looking for jobs, I don't eat Weet Bix so don't have a Cert IV
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Old 28th Jan 2018, 21:32
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That's very interesting about the ABN's and it is obviously a touchy subject.
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Old 29th Jan 2018, 21:32
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Employee or Contractor?

https://www.ato.gov.au/business/employee-or-contractor/
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Old 30th Jan 2018, 08:08
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What is the definition of supervising ? Looking over the AME's shoulder , Being in the same hangar or on the same airfield ?

I recently heard that CASA deemed skype was acceptable.
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Old 30th Jan 2018, 09:09
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Originally Posted by Hasherucf
What is the definition of supervising ? Looking over the AME's shoulder , Being in the same hangar or on the same airfield ?

I recently heard that CASA deemed skype was acceptable.
We were told at a CASA roadshow that same airport was fine, then were told by a surveyor during an audit that same hangar was the requirement.
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Old 30th Jan 2018, 09:30
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I have had the same as the NZ conehead response - it is not relevant as regardless of how - supervision is required. that is the test.

Tail wheel there is a far better link from the ATO under the labour hirer section on employee/contractor and gives a test. I could look for it and supply a link but I seem a few posts short for supplying a link.
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