Working Across Borders: A Guide for Tradespeople and Builders

March 5, 2024

In the construction industry, having the right trade or builder licence is crucial. This guide covers the essentials for obtaining compliant licences across Australia, ensuring you're ready to work anywhere in the country, whether you're a tradesperson, builder, or planning an interstate move.

Understanding Mutual Recognition

The Mutual Recognition Act of 1992 is the framework in place for tradespeople and builders looking to work in various parts of Australia. It allows for the recognition of a trade licence or builder licence across states and territories, facilitating a smoother transition for professionals moving from one area to another, or expanding their business and working across borders.

The legislation was also introduced to allow easier mobility between states to address urgent skills shortages such as natural disasters.

The Process of Mutual Recognition

If you hold a trade licence or builder licence in one state and need to obtain a licence in another, mutual recognition can be your pathway. This involves applying to the local licensing authority, providing evidence of your existing licence, and paying any necessary application fees.

Be aware that Mutual Recognition only applies to Individual licence holders, so if you are seeking to be employed or operate as a sole trader, mutual recognition may be a good option for you. If however you operated through a company or partnership, you will also need to make an application for a licence direct to the local licensing authority. Mutual Recognition does not apply to Companies or Partnerships.

Mutual Recognition will only provide an exact mirror of the licence and/or conditions that you hold in the issuing state. For example, if you hold a NSW Carpenter Licence and you apply to any other state, a condition will be imposed that you can only contract for residential construction work. This is because NSW only regulates residential building work. Many other states licence residential, commercial, and industrial building work.

Automatic Mutual Recognition (AMR): Simplifying Cross-Border Work

For those holding a trade licence or builder licence, in 2021, the Federal Government introduced Automatic Mutual Recognition (AMR) which offers an even more streamlined process. With AMR, you can automatically work in another jurisdiction without the need for additional applications and fees. AMR only applies to very specific occupations and does not apply in Queensland.

Under AMR, it’s essential, to maintain your original licence and adhere to the local laws of the area you’re working in. Not all trade licences or builder licences are eligible for AMR, particularly those with significant safety implications. It’s crucial to check if your trade licence or builder licence qualifies for AMR and understand any specific requirements or notifications needed to work in a new location.

Conclusion

For a process that was intended to simplify and remove red tape when contracting between states or moving interstate, mutual recognition and/or automatic mutual recognition, can be complex. Engaging with one of our Licensing Specialists can provide clarity, ensuring that you understand the application process, any conditions affecting your licence, and how to best navigate the requirements for working across different regions for your business.

Seeking Expert Guidance

Book in an Initial Licensing Consult with one of our Licensing Specialists to get the right answer for you and our business. Construction Licensing can carry out specific investigation of your trade licences or builder licences, including removing any specific conditions that have been imposed. Always consider professional guidance about the specifics of your situation and make sure that you stay licensing compliant.

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