Apply for a Labour Hire Licence
How do I obtain a licence?
Providers can now apply through the LHLO portal accessed from the home page of this website.
Applications will require a range of information including:
- full name, address and date of birth of the applicant
- if the applicant is a body corporate, the full name, address and date of birth of each officer of the body corporate
- whether the applicant is registered with the Australian Taxation Office and WorkSafe Victoria
- the number of workers supplied by the applicant to hosts during the 12-month period before the date of the application, and any information prescribed by the regulations in relation to those workers or, if the applicant is not yet but intends to conduct a labour hire business, then the number of workers the applicant expects to supply to hosts in the next 12 months
- the industrial instruments that determine (or will determine) the terms and conditions of employment or engagement of those workers
- whether those workers hold (or will hold) temporary work visas, and if so, the number of workers who hold such visas and the types of visas they hold
- the industry or industries in relation to which the applicant is providing labour hire services and intends to provide labour hire services
- whether there is an intention to provide transport or accommodation to the workers
- whether any person relevantly connected to the application has or may have contravened a labour hire industry law, a workplace law or minimum accommodation standards.
You can find a summary of the information that will be required to complete the application form in our application guides.
Fit and proper person test
The Authority will conduct a 'fit and proper person' assessment for each relevant person included in an application.
A person or a body corporate will not be a fit and proper person under the LHL Act at the time the application is made if they have within the last:
- 10 years been found guilty of an indictable offence against a person, or an offence involving fraud, dishonesty or drug trafficking that was punishable by imprisonment of 3 months or more (or an equivalent offence committed outside Victoria)
- 5 years been found to have contravened a workplace law, labour hire industry law or minimum accommodation standard, or given an enforceable undertaking in respect of a contravention of one of those laws
- 5 years had a licence under a labour hire industry law cancelled, suspended or revoked other than at the licence holder’s initiative
- 5 years, been insolvent or under external administration
- 5 years, where an applicant is a body corporate, an officer of the body corporate was an officer of another body corporate whose licence was cancelled other than at the licence holder’s initiative
- 5 years the applicant was an officer of a body corporate and was disqualified from managing corporations under the Corporations Act 2001 (Cth).
If you are uncertain about meeting the fit and proper person test, you should seek legal advice.
Compliance with legal obligations
An applicant will need to declare that, to their knowledge, they comply with:
- taxation laws
- superannuation laws
- occupational health and safety laws
- workers compensation laws
- labour hire industry laws
- workplace laws
- migration laws and
- applicable minimum accommodation standards.
Applicants who are not yet conducting a business that provides labour hire services will be required to declare that they have in place a plan to comply with the above laws and submit this to the Labour Hire Authority on request.
Accommodation and Transport
Applicants will be required to tell the Authority if any relevant person involved in the labour hire business intends to procure or provide accommodation or transport in connection with the labour hire service.
Applicants will also need to declare that:
- if they procure or provide accommodation, that it will comply with minimum accommodation standards; and
- if they procure or provide transport, it will comply with all applicable laws relating to transport.
For more information about your obligations related to accommodation and transport, click the links below:
The specific application and licence fees that will apply are set out in the Labour Hire Licensing Regulations 2018.
An application fee will need to be paid when you apply for a licence. This fee will not be refunded in the event the application is withdrawn or is unsuccessful. Please visit the Licence costs and fees page for more information.
Please visit the Licence costs and fees page for more information.