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.

What laws????

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.

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.

Would anyone disagree with the following relating to outside aviation terms?


AME = Trade assistant (requires supervision)


LAME = Tradesman (supervises work of non tradesman)

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 ....

With Labor in power, the data collected every 6 months will be a gold mine for the unions who control the labor pollies.

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.

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.

NZ Conehead, What is your take on Labour Hire companies in Australia and operations within the laws?

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?

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.

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

That's very interesting about the ABN's and it is obviously a touchy subject.

Employee or Contractor?

https://www.ato.gov.au/business/employee-or-contractor/

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.

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.