On Hire Labour Agreement Template for Australia

On Hire Labour Agreement Template for Australia

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Key Requirements PROMPT example:

On Hire Labour Agreement

"I need an On Hire Labour Agreement for my construction company to engage temporary workers through a labor hire provider in Queensland, with specific focus on workplace safety requirements and risk management for high-risk construction activities, to commence from March 2025."

What is a On Hire Labour Agreement?

The On Hire Labour Agreement is essential for businesses in Australia engaging temporary workers through labor hire arrangements. This document is particularly crucial given the increasing regulatory focus on labor hire practices and the need for compliance with various state-based licensing schemes. The agreement specifically addresses the complex tripartite relationship between labor hire providers, host organizations, and on-hire workers, ensuring clear delineation of responsibilities and compliance with workplace laws. It becomes necessary when organizations require flexible workforce solutions while maintaining legal compliance and risk management. The document typically includes comprehensive provisions for worker management, safety obligations, commercial terms, and operational procedures, all within the Australian legal framework.

What sections should be included in a On Hire Labour Agreement?

1. Parties: Identifies the labour hire provider and the host organization

2. Background: Outlines the context of the agreement, including the provider's business and host's requirements

3. Definitions: Defines key terms used throughout the agreement, including 'On-Hire Employee', 'Assignment', 'Workplace'

4. Scope of Services: Details the labor hire services to be provided, including recruitment, placement, and management of workers

5. Provider Obligations: Specifies the labor hire provider's responsibilities including licensing, worker screening, payroll management

6. Host Obligations: Outlines the host's responsibilities regarding workplace safety, supervision, and treatment of workers

7. Workplace Health and Safety: Details specific WHS obligations of both parties and compliance requirements

8. Fees and Payment Terms: Specifies pricing structure, payment terms, and invoicing procedures

9. Insurance and Liability: Details required insurance coverage and allocation of liability between parties

10. Term and Termination: Specifies agreement duration, renewal provisions, and termination circumstances

11. Confidentiality: Addresses protection of confidential information for all parties

12. Dispute Resolution: Outlines process for resolving disputes between parties

13. General Provisions: Standard legal provisions including governing law, notices, and assignment

What sections are optional to include in a On Hire Labour Agreement?

1. Immigration Compliance: Required when agreement covers placement of temporary visa holders

2. Intellectual Property: Include when workers may create or access IP during assignments

3. Non-Solicitation: Optional provisions preventing direct hiring of workers or poaching of staff

4. Performance Metrics: Include when specific KPIs or service levels are required

5. Technology and Systems Access: Required when workers need access to host's IT systems

6. Training Requirements: Include when specific training or certifications are needed

7. Transition Services: Required for large-scale arrangements where transition period is needed

What schedules should be included in a On Hire Labour Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of rates, charges, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of services, including worker categories and qualification requirements

3. Schedule 3 - WHS Requirements: Specific workplace health and safety procedures and requirements

4. Schedule 4 - Performance Standards: KPIs and service levels if applicable

5. Schedule 5 - Required Insurances: Details of insurance types and coverage levels required

6. Appendix A - Standard Operating Procedures: Operational procedures for worker management and communication

7. Appendix B - Incident Reporting Forms: Templates for reporting workplace incidents or issues

8. Appendix C - Worker Induction Checklist: Standard induction requirements and processes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Construction

Manufacturing

Mining

Agriculture

Hospitality

Healthcare

Information Technology

Warehousing and Logistics

Professional Services

Retail

Education

Relevant Teams

Human Resources

Legal

Procurement

Operations

Risk and Compliance

Health and Safety

Finance

Project Management

Site Operations

Recruitment

Industrial Relations

Relevant Roles

Human Resources Manager

Legal Counsel

Procurement Manager

Operations Manager

Workforce Planning Manager

Risk and Compliance Officer

Health and Safety Manager

Contract Administrator

Business Unit Manager

Chief Financial Officer

Project Manager

Site Supervisor

Recruitment Manager

Industrial Relations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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