We provide labour hire agreement terms and legal guidance to host employers, labour hire employers and recruitment agencies across Australia.
Our labour hire lawyers help companies to draft, review and negotiate labour hire agreements and get the best workplace legal advice. Recruitment agencies rely on Prosper Law to provide business-friendly legal expertise.
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A labour hire agreement should be a cost-effective way to manage risks. We provide legal services for fixed fees so you have certainty about how much your legal matter will cost upfront.
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Our team has worked with host employers and various labour hire agency firms. No matter which industry workers are engaged in, our experience working in the labour hire industry puts us ahead of the curve.
We understand how to manage a tight labour market, high recruitment costs and important industry trends in labour hire agreement terms.
Our employment lawyers identify legal and commercial risks in labour hire contracts and recommend and negotiate amendments. We are the go-to legal resource for contract law advice in Australia.
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Our lawyers have worked in building and construction throughout their careers, across Australia, New Zealand, the Middle East, and the UK. We understand the industry, speak your language, and take a commercial approach to legal advice.
Our fixed fee model means you get first-class legal support at a transparent price. No surprises.
A labour hire agreement is a contract between an employer who on-hires workers to a host employer. A labour hire arrangement requires licensing, insurance and well-drafted contract terms.
A labour hire agreement should include a number of clauses which may vary depending on the arrangement. For example, prohibiting a host firm from directly engaging workers, insurance obligations, limits on the day-to-day direction and control of workers and limitations of liability.
It is also important to deal with commercial matters to meet the business needs of both parties. For the labour hire agency it is important to have access to the workplace, pass on increases to pay and protect worker safety. Host firms should ensure that a labour hire business engages qualified and licensed workers and adheres to employment laws.
A host employer will need to have appropriate insurance in place in case a worker is injured or if goods or services are defective. Insurance is one of the best ways to protect your business.
A host employer and agency should both have third party liability insurance. In some States and Territories, it is a legal requirement. Even where it is not mandated by law, many companies will require it as part of their vendor acceptance process and in their contract terms.
A labour hire agreement should be in writing so that:
All employers and persons conducting a business or undertaking (PCBU) have a duty to ensure the health and safety of workers while they are at work. This involves complying with health and safety legislation, identifying potential risks in the workplace and taking steps to minimise those risks.
Yes, an agency may hire employees for a specific task or period of time. Generally, an agency will pay an employee’s wages and salary, but a host employer will manage the day-to-day direction and control.
Our workplace lawyers do not recommend agreeing to a liquidated damages clause. There are many things that are outside of the control of the hiring party that can impact the availability of candidates. An employee can resign at any time or there might be a shortage of employees in a particular occupation. Liquidated damages should be reserved for things that are fully within the control of a party.
Get in touch with Prosper Law’s construction lawyers to talk
through your next contract, claim, or dispute.
