Supply chain management in the security industry – Understanding your obligations
It is common place for employers and principal contractors to drive down employment costs by illegitimately disguising workers as independent contractors, particularly in sub-contracting out the works required. The security industry is vulnerable to ‘turning a blind eye’ to the compliance with the Fair Work in competing for security work.
The Fair Work Ombudsman has adopted a Supply Chain Strategy that aims to provide industries with a level playing field through education, employer assistance, working with employer associations such as ASIAL, and where necessary take legal action in the worst cases of exploitation. Understanding your legal obligations and taking proactive steps to be a good employer/contractor will safeguard your family name, business name and protects you from being personally liable for being an accessory to sham arrangements. Taking some simple steps will safeguard both you and your industry.
About the authors: Chris Delaney and Greg Robertson
Over the past 40 years, Chris Delaney has established himself as one of the security industry’s most highly regarded workplace relations professionals. An accredited workplace and commercial mediator, degree qualified in Employment Relations, he has held senior executive Industrial Relations positions with Nestle and BHP.
Chris represented ASIAL in the making of the modern security award, the Cash in Transit Inquiry and in 2016 drafted and negotiated the enterprise agreement for security at the 2018 Commonwealth Games. Having worked with ASIAL for more than 20 years, Chris has a detailed knowledge of the security industry and issues faced by security employers as they compete for work.
Greg Robertson is the Director, General Protections and Misclassification Team, Fair Work Ombudsman leading a national team investigating sham arrangements, coercion, adverse action and unlawful industrial action.
Prior to joining the Fair Work Ombudsman Greg has senior law enforcement management experience in policing and the Australian Security and Investments Commission. In recent years Greg has overseen Inquiries into the drivers of sham arrangements in several industries including transportation, hotels and cleaning, charity collection and the current Local Government Procurement of Security Services.