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Charles Cameron - Rogues, Regulation and Righting the Wrong – Proving ‘Professional’ in Contingent Work


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Three Australian States and the federal opposition are planning to introduce licensing of contingent workforce services and no industry or occupation will be spared. The peak body for recruitment and workforce solutions, RCSA, is particularly concerned for suppliers and clients alike. Why are they so concerned and what are they doing about it. Charles Cameron, CEO, will present on the gathering storm clouds and why they are piloting a certification program to introduce a barrier to entry so the good guys get rewarded and the bad guys get the boot.

Published in: Recruiting & HR
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Charles Cameron - Rogues, Regulation and Righting the Wrong – Proving ‘Professional’ in Contingent Work

  1. 1. APPO 3.0 Powerpoint Template.1 Rogues, Regulation and Righting the Wrong Proving Professional in Contingent Work Annual Contingent Workforce Conference September 2017 Charles Cameron RCSA CEO, Australia and New Zealand
  2. 2. APPO 3.0 Powerpoint Template. RCSA’s Purpose Our Purpose To Lead in the world of work Our Mission Through leadership in the world of work, and empowerment of our members, we will improve lives, communities and the economy Our Members 1,000 corporate recruitment and labour hire firms 2,000 individual accredited professional recruiters
  3. 3. Chapter Heading PRESENTATION TITLE RCSA Membership Categories • Professional contracting / on-hire • White collar on-hire • Blue collar on-hire • Health and medical (on-hire and placement) • Recruitment placement • Workforce solutions (MSP, RPO, HR Consulting & Tech)
  4. 4. Chapter Heading PRESENTATION TITLE Labour Hire Inquiries • Inquiries in to ‘labour hire’ have been conducted in Victoria, Queensland and South Australia • The ACT government is conducting an inquiry in to ‘insecure work’ • ‘Labour hire’ extends to all occupations and industries • Evidence of non-compliance within horticulture, food production and construction • Evidence of exploitation of migrant workers in horticulture and food production • No evidence of exploitation in other sectors
  5. 5. Chapter Heading PRESENTATION TITLE State Licensing • Queensland, South Australia and Victoria will introduce universal licensing of ‘labour hire’ despite lack of evidence to support it • The ACT will follow shortly – WA considering • The definition of ‘labour hire’ is extremely broad In the course of carrying on business a person supplies a worker to another person to do work • Not restricted to a business that is predominantly ‘labour-hire’ • Applies to independent contractors and employees alike • No need for a contract between the provider and the worker
  6. 6. Chapter Heading PRESENTATION TITLE Loopholes • The legislation excludes coverage for contracting firms, despite most of the exploitation occurring within these arrangements • A ‘labour hire’ provider only extends to businesses that have an obligation to pay the worker • Placement firms and platforms likely to be excluded unless they are obliged to ‘pay’ the worker • Exploitation likely to continue within ‘direct hire’ and ‘labour contracting’
  7. 7. Chapter Heading PRESENTATION TITLE Penalties for Clients • There are significant penalties for both unlicensed ‘labour hire’ providers and persons (clients) that use them • Individuals - $140k and 5 years imprisonment • Corporations - $400k penalty • Automatic 2 year suspension from operating if license is lost • Vicarious liability of employer and/or principal • Unions can object to issuing of licenses arguing persons not fit and proper to hold a license
  8. 8. Chapter Heading PRESENTATION TITLE Initiative lead by the RCSA to promote greater transparency and better practice in the Workforce Services industry Developed in partnership with peak industry bodies representing clients Supported by the Migrant Worker Taskforce, the Department of Employment (C’th) and the Black Economy Taskforce Helping also to prepare Workforce Services Providers for the future requirements of ‘labour hire’ licensing Why StaffSure 3 2 1 4
  9. 9. Chapter Heading PRESENTATION TITLE Key Elements of StaffSure • Provide a measure of assurance, within an acceptable degree of residual risk, that a Certified Workforce Services Provider is reputable, has established and operates reasonable controls in the key areas covered by the Standard and will seek to meet its compliance obligations in accordance with this Standard. • Available to all workforce services providers • Biennial audits, and annual for high risk companies • StaffSure Certified providers listed on an online register • Paid for by the Workforce Services provider Fit & Proper Person Work Status & Remuneration Financial Assurance Safe Work Immigration Suitable Accommodation
  10. 10. Chapter Heading PRESENTATION TITLE • Mutual recognition of StaffSure as an industry standard within the Queensland licensing scheme • Similar recognition of standards and industry schemes expected within legislation and regulation in Victorian and South Australia licensing • StaffSure will provide industry wide visibility and insights: • Certified and non-certified providers • Provider performance and monitoring • Industry strengths and weaknesses • Compliant to licensing for providers and buyers of labour services StaffSure and Labour Hire Licensing
  11. 11. Chapter Heading PRESENTATION TITLE Next steps • Pilot concluded last month • Audits of 6 Workforce Services Providers in Queensland, Victoria and South Australia • 8 audits of Workforce Services Providers to a major national supermarket • Implementation is being finalised for a November launch • Pilot project also in New Zealand, commencing November StaffSure Status and Next Steps
  12. 12. Chapter Heading PRESENTATION TITLE For More Information Charles Cameron CHIEF EXECUTIVE OFFICER