Labour hire toolkit

Resources and advice for anyone in the labour hire industry.

What is labour hire?

Labour hire is the employment relationship between:

  • a labour agency,
  • the employee (labour hire worker) and
  • the host PCBU (in the legislation an employer or business is referred to as a PCBU, a person conducting a business or undertaking). We will refer to a host PCBU as a host employer or business.

Labour hire workers are skilled and unskilled people who are hired for short or long-term positions. They are employed by the labour hire agency, not the host employer to who they provide labour.

Who is responsible for health and safety in the labour hire industry?

While everyone is responsible for health and safety in the labour hire industry the primary duty of care is between the labour hire agency and host employer. Sometimes, this can lead to a situation where one party expects the other party to look after health and safety. Do not assume that someone else is responsible for WHS matters. Everyone has a responsibility to keep all workers and other people in the workplace (for example, the public or visitors), safe.

Consultation and essential requirements

Consultation is discussing health and safety in the workplace.

Workers are affected by decisions that host employers make, so they must be involved in all WHS decisions. Labour hire workers, apprentices and trainees have the same consultation rights as other workers.

Effective consultation between the labour hire agency, the host employer and labour hire workers is fundamental to securing a worker's safety rights.

The labour hire agency and host employer must consult each other, as well as the worker, before changing the worker's duties or location.

They must consult on the work to be performed, the safety of the workplace, any equipment, machinery or substances to be used, and who will supply any personal protective equipment required for the task.

It is the labour hire agency's responsibility to ensure the appropriateness of the host employer WHS consultation arrangements for labour hire workers.

Labour hire industry animations

Labour Hire arrangements - rights and responsibilities

We've created some animations that help explain labour hire.

Watch the animation in Arabic, Chinese (Traditional and Simplified) and Vietnamese.

Watch our other labour hire animations for labour hire in manufacturing, construction, agriculture, health care, and transport.

Information for participants in the labour hire industry

Labour hire agencies

Information for labour hire agencies.

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Group Training Organisations

A Group Training Organisation (GTO) is a corporation established predominately to provide training and employment opportunities. GTOs employ apprentices and trainees and are responsible for ensuring that those workers receive suitable training and experience. As workers, apprentices and trainees are covered under the WHS Act and the WHS Regulation. Learn more about your duties and responsibilities as a GTO.

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Host company or business (PCBU)

Information for the host company or business (PCBU)

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Labour hire workers

Information and resources for labour hire workers including Group Training Organisation apprentices and trainees.

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Legal obligations

Find out about your legal obligations regarding labour hire.

Key resources

Safe Work Australia guidance

Safe Work Australia has produced a guide: Labour hire: duties of persons conducting a business or undertaking. It provides information to assist labour hire agency to comply with their health and safety duties under the model Work Health and Safety (WHS) laws.

SafeWork NSW

Guides and checklists

For workers

For labour hire agencies and Group Training Organisations

For host employers

Other organisations

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