5.2.7 Cooperate with labour hire employers

If the services of a worker are let on hire to another person (host) by the employer (labour hire employer 1. This section applies if — a. the services of a worker are let on hire to another person (host) by the employer (labour hire employer) with whom the worker had entered into a contract of employment), both the labour hire employer and the host have RTW Return to Work obligations.

For detailed information on this obligation refer to Compliance Code 4 of 4: Cooperating with labour hire employers about return to work.

Host obligations

The host must, to the extent that is reasonable, cooperate with the labour hire employer in their efforts to comply with their obligations to provide employment, plan and consult about the worker’s return to work.

Host cooperation

The host must cooperate with the labour hire employer about action taken in line with the labour hire employer’s obligations to the extent hat it is reasonable to do so.

When cooperating with the labour hire employer on RTW activities, the host employer must also be mindful to comply with privacy laws in respect of the worker’s confidential information.

Support your client (the labour hire agency)

Agents should be proactive to:

  • provide their clients with useful information to assist them to understand:
  • their obligations as a labour hire employer
  • what cooperation they may reasonably expect from the host
  • what actions the Agent and WorkSafe may take if the host does not cooperate with them, to the extent that it is reasonable
  • identify instances where a host is not cooperating with a labour hire employer and take reasonably appropriate action given the circumstances.
Host employer non-compliance

If an Agent considers that a host is not complying with their obligation to cooperate with the labour hire employer, Agents gather information to support the referral and provide it to WorkSafe via WorkSafe’s RTW Inspectorate via email rtw_inspectorate@worksafe.vic.gov.au.

The focus of this process is where a worker has a capacity for work but has not returned to work. Sometimes an Agent may consider that inadequate planning and/or consulting is being undertaken regardless of whether the worker is currently certified as having no current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program.

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