Cooperating with labour hire employers about return to work
The purpose of this compliance code is to help hosts to cooperate with labour hire employers in respect of actions taken by the labour hire employer to meet their obligations. The labour hire employer obligations referred to are the obligations under the Act to provide employment (section 103), plan return to work (section 104) and consult about the return to work of a worker (section 105).
A ‘host’ is a person (whether an individual or body corporate) to whom the services of a worker are let on hire by the employer with whom the worker had entered into a contract of employment (the labour hire employer). A host includes a person who hires an apprentice or trainee employed by a group training organisation.
Section 97 of the Act sets out the purpose of the Act in relation to return to work. The purpose is to provide:
(a) that employers, workers and other persons involved in the return to work process cooperate to ensure that workers successfully return to work
(b) that employers are responsible for providing pre-injury employment or suitable employment to enable workers to return to work
(c) that workers are responsible for participating in the return to work process consistent with their capacity for work
(d) for workers to be represented, assisted and supported in the return to work process, and
(e) for effective occupational rehabilitation for workers to facilitate their early and sustainable return to work.
Part 4 of the Act sets out the obligations of employers and others in relation to return to work. The Act also sets out the maximum penalties for non-compliance with obligations under the Act.
3: What does the law say?
4: How to comply
Appendix A: Examples of cooperation with a labour hire employer
Appendix B: The Return to Work Compliance Framework
Appendix C: Terminology from the Act
Appendix D: Further information
Other Return to Work Compliance Codes
Other useful references