The information on this website is based on the Labour Hire Licensing Act 2018 (Vic.) (the LHL Act) and the Labour Hire Licensing Regulations 2018 (Vic.) (the LHL Regulations) and provides broad details of the labour hire licensing scheme.
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Who is a labour hire host?
Labour hire hosts are people such as businesses, farms or other organisations that use the services of labour hire providers to obtain labour for their enterprise.
On commencement of the labour hire scheme, hosts will be prohibited from using unlicensed labour hire providers.
What are your obligations as a labour hire host?
The main obligation on hosts under the Act is to use only licensed labour hire providers to obtain the services of labour hire workers.
Once the scheme commences, before engaging a labour hire provider, hosts will be able to find out whether the provider they plan to use is licensed by checking the online Register of Licensed Labour Hire Providers.
Hosts will also be able to find out whether their planned provider has applied to be licensed, by checking the separate online list of ‘Applications received’. Hosts will fall into the category of ‘interested persons’ who can make an objection to a licence being issued to an applicant.
Hosts can be assured that licensed providers have been assessed in relation to their compliance with a range of relevant State and Commonwealth laws and whether they are a fit and proper person to hold a labour hire licence.
However, hosts are reminded that under Victorian occupational health and safety laws, they are responsible for providing and maintaining a safe work environment at their workplace for all workers which includes labour hire workers. For more information visit WorkSafe Victoria.
Hosts will be prohibited from using an unlicensed labour hire provider, and hosts doing so will be exposed to significant fines, with a maximum penalty exceeding $500,000. There are also significant penalties for clients including hosts who seek to enter arrangements with suppliers aimed at avoiding or circumventing obligations that would otherwise be imposed by the Labour Hire Licensing Act 2018 on the client, supplier or someone else. Avoidance arrangements must be reported to the Labour Hire Authority.
Monitoring the licensing scheme
The Labour Hire Authority will have a team of inspectors who will promote compliance with, and enforce, the licensing system. Inspectors will have a variety of powers to monitor compliance with the scheme including, where there are reasonable grounds, the authority to:
- enter and search premises
- examine and seize anything suspected of being connected with a possible contravention
- inspect, copy or take extracts from documents on the premises and make images or recordings
- seek the assistance of other persons
- where necessary apply to the Magistrates' Court for a search warrant.
Hosts who use labour hire services may be investigated as part of monitoring compliance with the licensing scheme, and with written notice, may be required to produce documents.
Report a problem
The Labour Hire Authority will work in partnership with other State and Commonwealth agencies to protect the rights and entitlements of labour hire workers in Victoria.
A reporting procedure will be available once the labour hire scheme commences. You will be able to contact us if you have a complaint, concerns or information about the mistreatment of workers, unlicensed labour hire providers or a host using workers supplied by an unlicensed labour hire provider.
It is important to note that any entitlements workers have under awards, enterprise agreements, or the Fair Work Act 2009 (Cth) will continue to be monitored and enforced by the Commonwealth Fair Work Ombudsman.
See our Resources page for full details.