Latest News

Security company’s licence application refused / Know the rules and classify workers correctly / Renew early or risk not being able to trade

The company was granted multiple deadline extensions, after repeated requests to provide evidence that it was compliant with legal obligations.

LHA has identified employee misclassification and related non-compliance as one of the most common risks for labour hire workers.

Labour hire providers and hosts should be aware of recent and upcoming changes, to ensure they continue to meet their legal obligations.

Providers run the risk of not being able to trade if they leave licence renewal too late.

LHA has recently connected with graduates entering the job market and accommodation regulators.

Submitting accurate annual reports / Caution on external advisers / Unpaid trials

Annual reporting ensures LHA better understands the labour hire industry, and can monitor and enforce compliance with licence requirements.

Most businesses rely on external advisers, so it’s crucial to know you’re getting the right advice.

There are a number of considerations to be aware of when asking a worker to undertake an unpaid trial.

The new reforms include tougher penalties, and powers to ban offending employers from hiring temporary migrants if found guilty.

The campaign covered digital, social media, radio and press channels, and was translated into a range of languages.

Upcoming engagement activities includes more information sessions for hosts and providers, as well as a presence at the upcoming Big Meet careers fair.

Victorian company and director fined for engaging unlicensed providers / Meat and poultry visits uncover non-compliance

The company engaged seven unlicensed labour hire providers to source workers for orchards in the Cobram area.

Several site visits uncovered a range of concerns, as LHA increases its focus on the meat and poultry industry.

LHA’s public registers are now quicker to use and easier to navigate.

Labour hire providers and hosts should be aware of recent changes, to ensure they continue to meet their legal obligations.

LHA commences 2024 engagement program throughout Victoria.

Record penalty of $617,916 for unlicensed horticulture provider / Meat processing industry in focus / Victoria and Queensland regulator collaboration

The Court found the company was unlicensed when it supplied workers to horticulture businesses in Koo Wee Rup, Rosebud, Torquay and Devon Meadows.

The campaign covers digital, social media, radio and press channels, and will be translated into a range of languages.

The meat processing industry will be a focus of Labour Hire Authority (LHA) engagement and compliance activities this summer.

Recent high-profile prosecutions show impact of licensing laws and interstate collaboration.

Correctly classifying workers helps to ensure businesses are paying the correct entitlements.

LHA has engaged extensively with the labour hire industry in 2023, travelling thousands of kilometres and talking to hundreds of providers, hosts and stakeholders.

A total penalty of $264,352 has been issued to a Victorian company and its director for engaging seven unlicensed labour hire providers to source workers for orchards in the Cobram area.

An unlicensed labour hire company has been issued a total penalty of $617,916 – the highest in Australian history for breaches of labour hire law.

Towards a fairer industry – LHA annual report / 2022-23 in numbers / LHA website upgrades

The Labour Hire Authority (LHA) highlights progress towards its strategic objective to create and maintain a fair and lawful industry in its 2022-23 annual report.

The Labour Hire Authority (LHA) highlights progress towards its strategic objective to achieve high impact compliance and enforcement outcomes in its 2022-23 annual report.

The Labour Hire Authority (LHA) shows significant activity and outcomes across its licensing, compliance, enforcement and engagement functions in its 2022-23 annual report.

The conditions require the provider to supply LHA with a payroll summary report each month.

The site’s most visited pages have been updated to be more simple and accessible.

Labour hire providers and hosts should be aware of upcoming and recent changes to the Fair Work Act to ensure they continue to meet their legal obligations.

LHA recently met over 100 stakeholders from across the cleaning industry at the ISSA Cleaning and Hygiene Expo.

Supreme Court action taken against allegedly unlicensed construction companies / Security provider has transparency conditions imposed / Suburban engagement sessions / LHA talks cleaning at the upcoming ISSA Expo

LHA has commenced legal action after several companies allegedly engaged unlicensed labour hire providers.

LHA has imposed supply chain transparency conditions on the licence of a large security provider.

LHA continues its engagement activities for providers, hosts and stakeholders.

LHA will have a booth and presentations during the expo in November.

The campaign includes a hotline for reporting issues, and aims to minimise harm to women apprentices.

This October, hosts and providers are encouraged to promote healthy and safe workplaces.

Supreme Court undertaking re unlicensed providing / Licence granted with conditions / Responding to requests for information

LHA alleges the company provided unlicensed labour hire services, and underpaid and provided substandard accommodation to workers.

The conditions imposed are intended to ensure workers are paid correctly and LHA has transparency over the supply chain.

Ensuring you supply correct and timely information to LHA if requested is integral to a successful licence application.

As well as helping to protect workers and improve the labour hire industry, licensing provides business benefits for legitimate providers.

Register now for upcoming information sessions in your area.

LHA alleges the company provided unlicensed labour hire services, and underpaid and provided substandard accommodation to workers picking grapes and chestnuts in the Benalla region.

New Supreme Court action / Changes to Fair Work Act and PALM scheme / Objecting to a licence application

The company allegedly failed to notify LHA of multiple changes in directors, and appointed a director who was not a fit and proper person.

New cleaning businesses are responding to a targeted LHA campaign, with most now applying for a labour hire licence up front.

The changes apply to areas including employee leave entitlements, superannuation, and protections for migrant workers.

Changes include new minimum hours of work and pay for PALM scheme workers, and expanded protections under the Fair Work Act for all migrant workers.

If you have concerns about a provider’s application, you can raise an objection within 14 days.

LHA sessions included meetings with PALM employers and commercial cleaning providers.

LHA has commenced legal action in the Supreme Court of Victoria against a company that allegedly provided workers to farms in the Yarra Valley and Koo Wee Rup.

LHA alleges a horticulture provider subcontracted to seven unlicensed providers to supply pickers for orchards in the Cobram area.

New Supreme Court action in horticulture / Reducing risk around unlicensed providers / EOFY housekeeping

LHA alleges a horticulture provider subcontracted to seven unlicensed providers to supply pickers for orchards in the Cobram area.

Read about the latest outcome of LHA’s focus on the Victorian horticulture industry.

A quick check could prevent a major issue – use LHA’s tools to confirm your provider is licensed.

The increases took effect from 1 July 2023.

The new financial year provides a reminder to check your business and contact details are up to date.

The first half of 2023 has been busy with LHA engagement activities.

Alleged bribe offered to LHA inspector / licence applications refused / conditions imposed re sham contracting and supply chain transparency/ how to report problems to LHA.

A Victorian company has had its labour hire licence application refused after an investigation by LHA.

LHA’s focus on unlawful engagement of independent contractors continues.

LHA has imposed conditions on a security provider’s licence after its arrangements with subcontractors raised concerns.

The Federal Government has conducted an initial consultation around regulating the labour hire industry nationally.

Anyone with a complaint, concern, or information on providers who may not be meeting their obligations is encouraged to make a report.

Engagement activities continue throughout Victoria.

Legal action and compliance in horticulture / changes to workplace law / upcoming events and more

LHA has filed proceedings in the Supreme Court of Victoria alleging the company continued to provide workers after its labour hire licence application was refused.

Issues in the horticulture industry are a focus for Labour Hire Authority compliance and engagement work in 2023.

Information sessions and engagement activities continue around regional Victoria in May.

It’s important to be across new laws that affect areas including flexible work arrangements, zombie agreements and multi-employer bargaining.

It is essential that licensed labour hire providers keep their details up to date with LHA to maintain their licence.

Victoria’s Labour Hire Authority has commenced legal action against a company alleging it provided workers to pick fruit and vegetables without a labour hire licence.

VCAT upholds licence refusal / advertising services without a licence / changes to job advertisement regulations

Provider is not up-front after low contract prices uncover risk of non-compliance.

LHA recently cancelled a provider’s licence after an attempt to thwart an investigation.

Here's what you need to know before you start advertising labour hire services.

It’s important to ensure you’re across new laws that affect how you write job adverts.

LHA is holding a range of sessions and engagement activities around Victoria across 2023.

Compliance at the tennis / Joint operation with QLD / Obligations around trainees

The LHA recently completed an operation at the 2023 Australian Open to speak with security workers about their employment conditions.

LHA is collaborating with the Queensland Labour Hire Licensing Compliance Unit to tackle worker exploitation among providers operating across both states.

LHA is holding a range of sessions and engagement activities around Victoria across this year.

Labour hire providers should be aware of their regulatory obligations when employing apprentices and trainees.

Business Victoria has launched an initiative to provide support and relief to flood-affected business owners.

In this edition: Renewals due / 2023 engagement and compliance / Focus on phoenixing

LHA is expanding its work in 2023 – be prepared and get involved

Avoid issues by renewing your labour hire licence in advance

LHA has been cracking down on phoenixing – learn more about this highly illegal practice and the warning signs to look out for.

Where licence applicants are not fit and proper, applications may be refused

Some providers will need to meet new requirements under the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020

Changes to the Fair Work Act mean all employees are now eligible to take paid family and domestic violence leave

Looking after your workers over the festive season / Our Annual Report has been published.

In this edition: The highest ever penalty for contraventions of labour hire law / Upcoming compliance and engagement / Updates on commercial cleaning, agriculture and horticulture

A Victorian company and its director have been fined the highest combined penalty in Australian history for contraventions of labour hire law, following a successful LHA prosecution.

Recent and upcoming industry engagement and compliance focuses

Be aware of LHA’s compliance focus in the commercial cleaning industry.

Agriculture Victoria have launched a $20 million program to strengthen the state’s agriculture and horticulture industries.

As a host, are you aware of the changes to your OHS duties?

LHA assisted a security industry provider to improve compliance with their legal obligations.

A Victorian company and its director have been fined a total of $483,428.40 – the highest combined penalty in Australian history for contraventions of labour hire law – following a successful prosecution by the Labour Hire Authority (LHA).

Read more about our focus on multi-tier contracting arrangements to improve industry integrity.

Our work in the security industry has highlighted the need for vigilance about compliance throughout labour supply chains.

A recent High Court decision affects the status of workers described as independent contractors, with important implications for labour hire providers

Read about how LHA handles complaints and reports of non-compliance.

Anyone who is appointed as a Director of a corporation under the Corporations Act 2001 should ensure they obtain a director ID by 30 November.

There are serious consequences for providers who don’t comply with their obligations, as shown in recent cases in the horticulture and meat processing industries.

Applying to renew your labour hire licence in advance makes things much quicker and easier for you and your business.

Read more about our upcoming free webinar and recent changes to the hospitality, tourism and aviation awards.

The minimum adult wages for a number of awards will change from the first full pay period on or after 1 October. Providers under the restaurant and hospitality awards should also know about recent changes to annualised wage arrangements.

LHA is hosting a free webinar for providers about recent changes to their legal obligations.

There are several different types of industrial instruments that may determine the wages and conditions of labour hire workers and it is important to know which instrument applies in your business.

Get the details on how you can commit to keeping labour hire workers safe in October as part of National Health and Safety Month.

Providers have a range of wage-related obligations under the Labour Hire Licensing Act 2018, but what are the rules when it comes to inductions and training?

With the coverage of data security issues in the media in recent days, we wanted to highlight the importance of good data hygiene for labour hire providers.

2021-22 was another busy year for the LHA. As we look forward to our first round of licence renewals, we will be focussing on compliance with the labour hire licensing scheme requirements.

The LHA has observed the use of individual flexibility arrangements (IFAs) in an unlawful manner to avoid paying penalty rates.

Licence fees are mandatory for every labour hire business but can be reduced, waived or refunded in certain circumstances.

See how the Labour Hire Authority improves compliance and education by working closely with the labour hire industry.

Many labour hire providers will need to renew their licences from later this year. Here is some important information you need to know in preparation for this process.

Read more about how the LHA works with industry, and what you need to know about renewing your labour hire licence.

Read more about recent investigations into labour hire worker accommodation and what happens if it is found to be sub-standard.

The LHA has imposed licence conditions on labour hire provider MADEC Australia to review and improve the standard of accommodation it procures for labour hire workers. 

The LHA conducted compliance visits to nine farms and nine worker accommodation premises last month and discovered a number of concerning issues.

Find out how the LHA is working with industry to create new industry guidance resources and promote compliance.

The LHA has launched a new function in the LHLO portal enabling licensed providers to update their nominated officer’s details online.

Labour hire businesses are encouraged to ensure they are aware of any obligations they may have under Victoria’s Portable Long Service Leave Scheme.

Read more about how we approach pyramid contracting arrangements to protect labour hire workers from exploitation.

Labour hire providers subcontracting to another provider must consider whether the arrangements allow the subcontractor to meet their legal obligations.

Labour Hire Licensing Commissioner Steve Dargavel recently presented an update to group training organisations about the labour hire licensing scheme at the Apprenticeship Employment Network mid-year conference in Geelong.

Labour hire providers must not use sham contracting to avoid giving employees their correct entitlements.

Under the Labour Hire Licensing Act 2018, it is a condition for every licensed labour hire provider to report to the LHA on their labour hire activities for the previous 12 months.

The Fair Work Commission has increased the National Minimum Wage and award wages, taking effect from the first full pay period starting 1 July 2022.

Read more about our recent compliance activities, the new engineered stone licence and important changes to super.

Businesses providing labour hire services without a current licence can face serious consequences, so it’s important to know your obligations.

It is essential that licensed labour hire providers keep their details up to date with the LHA to ensure they can continue to hold a licence.

The Labour Hire Authority (LHA) will be conducting compliance inspections at farms and worker accommodation in Mildura and surrounding areas this citrus season. Here is an overview of what businesses can expect from compliance inspections.

It is important that all labour hire providers and hosts are across upcoming changes to the superannuation guarantee rate from 1 July 2022.

The Labour Hire Authority (LHA) has been running a compliance campaign designed to target sham contracting in the labour hire industry.

Everyone wants to make sure they’re hiring the best possible candidates for the job, but did you know there are certain things employers cannot legally ask prospective employees? Here are nine things you can’t ask when hiring.

Issues identified during recent visits to Murray Region farms demonstrated how important it is for hosts to understand who is working at their farms and under what conditions and, as a result, avoid contravention of labour hire laws.

Providers who no longer wish to provide labour hire services can cancel their licence through their nominated officer’s LHLO account.

While objections to a labour hire provider’s application do not guarantee that a provider’s application will be refused, it is important that all parties understand the process and their rights.

We all know labour hire providers have to meet certain requirements, but what about hosts? If you are confused about hosting labour hire workers in your business, here’s a quick FAQ to help you.

The LHA will be following up information identified during recent visits to farms in Shepparton indicating non-compliance with providers’ legal obligations relating to minimum accommodation standards, migration laws and worker entitlements.

Following the refusal of one licence application and the cancellation of another licence, the LHA is urging all security industry providers to review their contract rates to ensure they can sustainably meet their legal obligations.

The LHA is pleased to report our progress with improving the integrity in the labour hire industry.

The past couple of months have been quite busy for our Compliance team, with several site visits having been completed across multiple industries.

Recent changes to the Horticulture Award 2020 are set to take effect on 28 April. These changes include a new minimum wage requirement for workers who are currently paid a piecework rate.

Labour hire workers have been granted additional rights and protections under recent changes to the Occupational Health and Safety and Other Legislation Amendment Act 2021. These changes came into effect on Tuesday, 22 March 2022.

After significant consultation with workers, industry and community, the Victorian Government has launched an initiative to pilot sick pay for casual and contract workers in certain occupations in Victoria over the next two years.

A recent matter in the security industry has reinforced the need for providers to ensure they are paying their workers according to the correct industrial instrument, such as the correct award or enterprise agreements.

Here is a quick rundown of what providers need to know if they organise or provide accommodation or transport in connection with their labour hire service, and the type of information the LHA will seek.

Queries about updating a provider’s nominated officer are fairly common in the Licensing team. Here’s a quick rundown of the process

Seven government regulators with shared responsibility for a range of apprentice and trainee conditions in Victoria have agreed to unprecedented levels of collaboration.

We are fast approaching the third anniversary of the LHA’s establishment. Despite the many challenges posed by the global pandemic, I am proud of the work our team has achieved in this time.

Sham contracting is an arrangement where an employer attempts to disguise an employment relationship as an independent contracting arrangement. It is consistently identified as one of the most commonly used illegal practices in the labour hire and other industries.

The LHA and our regulatory partners have recommenced information sessions and site visits, starting with horticulture businesses in the Yarra Valley region. Here’s what you need to know about site inspections and upcoming information sessions.

The end of year holiday period was quite busy for the LHA. We received quite a few enquiries concerning whether commercial cleaners are required to hold a labour hire licence.

Nominated officers can now submit a request to add or remove a relevant person to a licenced provider directly from their LHLO portal.

Australia’s horticulture sector has been in the news in recent months and is an ongoing compliance focus for the LHA. We use a range of sources to receive intelligence on worker mistreatment and exploitation, work with other regulators, and take strong compliance actions where serious non-compliance is found.

The LHA cancelled 14 labour hire licences over two days this week for failure to comply with licence conditions. Labour Hire Licensing Commissioner Steve Dargavel says other providers can easily avoid this fate and contribute to a level playing field.

The Labour Hire Authority (LHA) has cancelled the labour hire licence of a horticulture provider after a known drug trafficker - who was previously refused a labour hire licence in Victoria - became a director of the company.

Yarra Valley growers are being given the opportunity to refresh their knowledge on workplace health and safety as their harvest season moves into full swing.

From all of us here at the Labour Hire Authority (LHA), we wish you a very happy holiday season and a wonderful new year.

Freshcrop Contracting Pty Ltd’s labour hire licence application was refused following enquiries relating to compliance with workplace laws including alleged breaches of workplace laws, including award wages, non-payment of superannuation and taxation law.

Licensed labour hire providers must report every 12 months on their labour hire activities for the previous 12 months. Failure to comply with this licence condition may result in compliance actions, including further licence conditions, suspension or cancellation. The LHA recently took the latter step after one provider failed to comply with this requirement.

Labour hire providers are now on notice that requiring workers or job applicants to pay for required personal safety equipment may result in sanctions, including licence application refusal, licence renewal refusal, licence conditions or licence cancellation.

WorkSafe, Department of Justice and Community Safety and the Labour Hire Authority visited 38 horticulture businesses in the Koo Wee Rup, Lang Lang and Cardinia regions after an online farm safety webinar in October.

Providers of labour hire workers to several industries – including airline, cleaning, beauty, hospitality, sports and tourism – will need to make sure they are paying the correct minimum wage from the first full pay period on or after 1 November.

The Christmas and New Year holiday period is the busiest time of year for many businesses. The rush can lead to unsafe workplaces and employers and workers may have questions about employee entitlements. Check out these handy resources to help answer your questions and avoid injuries.

The LHA continues to go above and beyond to safeguard labour hire workers from exploitation. The LHA’s Annual Report shows a crackdown on dodgy operators, strict reviews of licence applications and a significant take up of the labour hire licensing scheme.

The Labour Hire Authority has worked with labour hire providers to improve their compliance and understanding of workplace laws through the licensing process, information sessions and workplace inspections.

Where we identify breaches of relevant laws, the LHA takes appropriate action including refusing applications, and suspending licences, cancelling licences, or varying licences to include conditions.

New changes to the Occupational Health and Safety (OHS) Act ensures that labour hire workers now have the same rights and protections at their host employer’s workplace as employees of the host. These changes also include more consultation, coordination and cooperation requirements for both hosts and providers.

Learn more

New laws prohibit businesses from using insurance or indemnity arranges to avoid liability to pay fines for offences under Occupational Health and Safety Act 2004 and other Acts and Regulations.

Learn more

Labour hire providers must comply with superannuation laws to obtain and keep their labour hire licence. Hosts (including providers who subcontract) must make sure they are paying their providers enough to make a profit and meet all their legal obligations including paying award wages, superannuation, WorkCover and tax. Do you know if you must pay super?

Horticulture businesses in the Koo Wee Rup, Lang Lang and Cardinia regions are being urged to ensure they put health and safety first as harvest season moves into full swing. Subject to COVID-19 restrictions, inspectors and authorised officers will conduct compliance checks on farms in region in November to check businesses are operating safely and workers are treated fairly and provided by licensed labour hire providers.

To help labour hire providers in horticulture and agriculture minimise the impacts of COVID-19 and protect workers, businesses and the communities, Agriculture Victoria and Labour Hire Authority hosted two forums with Department of Health Senior Medical Advisor, Dr John Parkes.

The sessions gave providers a great opportunity to ask questions about COVIDSafe principles and their COVIDSafe plans.

The Labour Hire Authority has refused 32 more labour hire licence applications following enquiries in connection with compliance with modern awards and wages, superannuation, registration for WorkCover and more.

The LHA has also issued 72 additional notices of intention to refuse to applicants as a final effort for them to demonstrate their compliance with relevant laws.

Providers must report on their labour hire activities every 12 months or face hefty penalties, or licence conditions, suspensions or cancelations.

Did you know we can send alerts to you about labour hire providers? Sign up to Follow my providers to receive email and SMS notifications about licensed providers and applicants, including when their licences are granted, suspended or cancelled.

Start following providers

The Victorian Government has announced Victoria’s new roadmap to deliver the National Plan developed based on expert modelling from the Burnet Institute. It is set against COVID-19 thresholds including hospitalisation rates, and the vaccination targets already set out in the National Plan to transition Australia’s National COVID-19 Response. 

For more information see Victoria's roadmap

Coronavirus.vic.gov.au has a range of useful resources to help businesses find information and plan, including financial and other support for COVID-19, business grants, COVIDSafe Plans, information on testing site and more.

For free and helpful resources visit Coronavirus.vic.gov.au 

All Victorians are urged to change their attitudes as front-line workers face ugly aggression from members of the public. Unacceptable behaviour can have a negative impact on the physical and mental wellbeing of workers. It’s never ok.

Learn more about the campaign from WorkSafe Victoria

The Australian Government has amended the Fair Work Act 2009 changing obligations and workplace entitlements for casual employees. By 27 September, employers needed to assess whether any existing casual employees are eligible to be offered to convert to permanent employment.

For more information see Changes to casual employment

Providers can show they have a licence by:

• telling hosts to use Follow my providers SMS and email alerts
• referring hosts to the Register of Licensed Labour Hire Providers
• publishing a link to the Register of Licensed Labour Hire Providers on their website
• providing their licence number
• showing hosts their licence.

Follow my providers helps you make sure your labour hire providers are licensed.

Start following providers to get an email and SMS alert if:

• applications are refused or withdrawn
• licences are granted, suspended or cancelled
• conditions are added to a licence
• suspended licences are re-issued.

Some new labour hire licence applications have been started by people who do not control the labour hire business, like accountants or administrative assistants.

If you are making an application, remember that a nominated officer must be a person responsible for the day-to-day directing of the business.

The Australian Table Grape Association’s Harvesting Greatness series showcases the importance of seasonal work in the Australian table grape industry. In the linked 360° videos, the association gives viewers an immersive experience, exploring the process of how table grapes are picked, packed and prepared for market.

Now is the time to check you're paying or getting the correct minimum pay rates using the Fair work Ombudsman’s Pay and Conditions Tool.

Victoria’s COVIDSafe settings have changed from Saturday 21 August.

This has changed the additional obligations for certain industries, including poultry and meat processing, warehousing, horticulture, construction and others.

To check if your industry has been affected visit How we work: Victoria.

All businesses must review and update their COVIDSafe Plans regularly, especially when restrictions or public health advice changes.

Organisations with multiple worksites must complete a COVIDSafe Plan for each worksite.

You can stay up to date with restrictions and public health advice at coronavirus.vic.gov.au.

Authorised workers in Victoria are currently required to carry employer-certified permits when working and travelling for work.

Employers must keep a record of all Authorised Worker Permits they have issued. Workplaces in Victoria must not permit workers to undertake work at the workplace unless it an authorised provider or service, or workers are authorised.

To check your eligibility and to find out how to access the authorised worker permit visit coronavirus.vic.gov.au.

The Victorian Government offers a range of financial and other supports available to businesses and others affected by COVID-19.

You can also find information for Australian businesses from Business.gov.au.

For further information, businesses can visit Business Victoria, call 13 22 15 or use the contact form.

The Labour Hire Authority (LHA) has refused a labour hire licence application by Amatak Labour Services Pty Ltd.

The LHA reviewed the labour hire licence application and found that Amatak sole director, Nico Keat, has been convicted of a serious indictable offence and was therefore not a fit and proper person to participate in operating a labour hire business.

The Labour Hire Authority (LHA) conducted a review of a labour hire provider and found that a relevant person to the licence did not declare their relevant criminal history.

The LHA has suspended the licence while further enquiries are underway. 

Suspended labour hire providers must not provide labour hire services. Providers found to have provided labour hire services without holding a licence that is in force face maximum penalties of up to $145,392 for an individual and $581,568 for a corporation.

Labour hire hosts must not use suspended labour hire providers, or face maximum penalties of $145,392 for individuals and $581,568 for corporations.

To maintain a labour hire licence, relevant people must pass the fit and proper person test which includes not being found guilty of certain offences and breaches.

The LHA may consider an exemption to the test in some circumstances and encourages all relevant people to honestly complete their declarations, provide all information up front and assist with enquiries.

To check the licence or application status of a labour hire provider visit labourhireauthority.vic.gov.au.

To get an email and SMS alert when your provider's licence or application changes, sign up to Follow my providers.

The Labour Hire Authority has refused 8 more labour hire licence applications following investigations undertaken in connection with a range of issues including:  

• WorkCover obligations
• compliance with industrial instrument(s) and conditions of workers
• compliance with other relevant laws including taxation law.

By removing providers who are not demonstrating compliance with workplace laws, the LHA is helping prevent:

• honest businesses being unfairly undercut by businesses that do not comply with relevant laws such as WorkCover, awards and taxation laws.
• compliant businesses facing higher WorkCover premiums because of unregistered businesses.
• workers missing out on wages and other entitlements
• the community missing out on revenue that could have contributed to community services.

The 2.5% increase to award wages announced by the Fair Work Commission (FWC) started this month for most awards.

The remaking of the regulations for an additional 12 months will ensure employers continue to notify WorkSafe of COVID-19 cases in their workplaces.

All businesses must review and update their COVIDSafe plans regularly, especially when restrictions or public health advice changes.

Organisations with multiple worksites must complete a COVIDSafe plan for each worksite.

Every Victorian business must use the Victorian Government QR Code Service to check-in their workers, customers and visitors, with some limited exemptions.

Fast and accurate contact information for anyone who has visited a COVID-19 public exposure site is vital to helping contact tracers contain an outbreak quickly.

WorkSafe, Department of Health and Labour Hire Authority inspectors have visited more than 40 Sunraysia grape growers to help businesses trim safety hazards during the busy pruning season.

The Victorian Government is making the way business tiers are calculated fairer.

From 1 July 2021, business tiers will be based on the labour hire provider’s turnover for the last 4 quarters at the time of licence fee payments. This does not apply to outstanding fees first due before 1 July 2021

Follow my providers helps you follow the licence or application status of a labour hire provider and lets you know when:

• applications are refused or withdrawn
• licences are granted, suspended or cancelled
• suspended licences are re-issued.

To help licensed providers collect the information and supporting documents needed to complete their annual reporting, we have published an annual reporting guide and checklist.

Our regulatory approach sets out how the Labour Hire Authority ensures labour hire providers and hosts comply with the Labour Hire Licensing Act 2018.

Following the Annual Wage Review 2021, the Fair Work Commission has announced a 2.5% increase to the national minimum wage from 1 July 2021.

The Victorian Government has announced changes to COVIDSafe settings. On the advice of the Chief Health Officer, restrictions in regional Victoria and metropolitan Melbourne will ease from 11.59pm Thursday 24 June

For more information, businesses can go to Coronavirus.vic.gov.au or call the Business Victoria hotline on 13 22 15. 

Learn more

Businesses, venues and facilities with electronic record keeping requirements must use the free Victorian Government QR Code Service. 

Sunraysia grape growers are being urged to ensure they have safety covered this pruning season.

WorkSafe, Department of Health and the Labour Hire Authority are hosting an online information session on 10 June to help businesses ensure they are meeting their health and safety obligations, staying COVID-safe, supporting vulnerable workers and ensuring labour hire workers are treated fairly and provided through licensed labour hire providers.

Agriculture Victoria, Australian Table Grape Association and Victorian Farmers Federation representatives will also be on hand to provide support and answer any questions growers may have.

Subject to COVID-19 restrictions, a three-day inspection program will follow in the Robinvale area from 22-24 June to check businesses are operating safely.

Follow my providers helps you follow the licence or application status of a labour hire provider and lets you know when:

• applications are refused or withdrawn
• licences are granted, suspended or cancelled
• suspended licences are re-issued.

How will I find out about licence or application changes?

We will send you an email with the licence or application status change. You will also receive an SMS notification to check your email at 9:30am (AEST) the following day.

Start following providers

Following a conviction against Robert Albano, the Labour Hire Authority has placed a licence condition on BridgingWorx Limited’s labour hire licence (VICLHL04753).

Robert Albano was found guilty by the County Court of Victoria of an indictable offence on 6 May 2021.

On the 7 May 2021 the Labour Hire Authority placed a condition on the licence of BridgingWorx that Robert Rocco Albano is to be excluded from all labour hire services provided under the licence.

The Authority obtained documents indicating Robert Albano was at times before the conviction the Chairperson and CEO of BridgingWorx.

BridgingWorx has cooperated with the Authority and has advised that they have ceased involvement with Robert Albano and have ordered a review of the business’s policies and procedures, including engaging a consultancy firm to assist in governance, transparency and social responsibility.

BridgingWorx provides workers to the healthcare and social assistance sectors across Australia.

The Authority will continue monitoring the compliance of the labour hire provider.

Labour hire providers must comply with workplace laws and pass a fit and proper person test to keep their labour hire licences.

The Labour Hire Authority is improving the transparency and integrity of the labour hire industry. Improving the transparency and integrity of the labour hire industry will protect labour hire workers from exploitation and will ensure transparent and compliant labour hire providers do not face unfair competition from dishonest operators.

If you have any concerns about relevant people related to a labour hire licence, such as company directors or officers, not being fit and proper please Report a Problem to the Labour Hire Authority.

The coronavirus (COVID-19) has changed the way farms operate; we know this hasn’t been easy. It’s more important than ever to have safety covered on farms.

We’re here to help keep businesses operating safely, smoothly and fairly during pruning season – come and chat to us in Robinvale on Thursday 10 June.

Join WorkSafe Victoria, the Department of Health, the Labour Hire Authority, Agriculture Victoria, the Victorian Farmers Federation and the Australian Table Grape Association to talk about farm safety.

Book now

To help licensed providers collect the information and supporting documents needed to complete their annual reporting, we have published an annual reporting guide and checklist.

For most providers annual reporting is short and simple. In developing the annual reporting process, we considered feedback from the labour hire licence application process and made annual reporting more straightforward and easier to use.

Guide and checklist

You might be surprised to know what materials contain asbestos. It was used in more than 3000 products prior to 1990 and still lurks in things like cement roofing, walls, flooring, insulation and vinyl tiles.

Find out where asbestos might be lurking. Before asbestos finds you.

The Victorian Government has announced a move to circuit breaker restrictions from 11:59 pm Thursday 27 May to 11:59pm on Thursday 3 June.

Visit coronavirus.vic.gov.au/covidsafe-plan for information to help your business prepare and update COVIDSafe plans. 

You can also access translated resources.

All venues and businesses required to undertake electronic record keeping must use the free Victorian Government QR Code Service. 

Find out which industries require checking in.

The Victorian Government has launched the $250 million Circuit Breaker Business Support Package to assist small to medium businesses and sole traders, under the circuit breaker restrictions announced on 27 May 2021.

More information about the Circuit Breaker Business Support Package is available at Business.vic.gov.au. 

The Labour Hire Authority has assessed over 5000 labour hire licence applications. This includes licences that have been suspended, cancelled and granted with conditions, as well as applications that have been refused.

This helps protect the 599,000 workers supplied by labour hire providers because providers must continue to comply with workplace laws and pass a 'fit and proper person' test to obtain and maintain their licence. This also creates more fairness for ethical labour hire providers who have sought a more transparent industry with greater integrity.

The Labour Hire Authority has refused to grant a licence to MTL 354 PTY LTD.

In making licensing decisions, the Authority considers applications on completeness, accuracy and integrity. Where further information is required we undertake enquiries and work with other regulators and law enforcement agencies to gather evidence required for our licensing decisions.

The Authority had serious concerns and suspected significant non-compliance with a range of relevant laws that providers must comply with to obtain and keep their labour hire licence.

The Authority concluded its investigation and determined to refuse the licence application.

It is unlawful for the business to provide labour hire services or it faces maximum penalties of $528,704. Hosts must not use the business for labour hire services or they face maximum penalties of $528,704.

Did you know you can reset your password through our website?

If you can't remember your password:

1. Visit the 'LHLO portal' through our website home page and click on 'Sign-in problems?' or click here - 'Forgot your password?'.
2. Enter your email address and click send link.
3. You will receive a link to your email to reset your password.

Check your spam and junk folders if you cannot find the email in your inbox.

Employers are responsible for preventing and managing fatigue in the workplace. There are three broad types of fatigue: physical, mental and emotional.

All of these can obviously affect both workplace and public safety and can also have long-term health effects. While preventing fatigue improves workplace health and safety, reduces workplace injuries and staff absences and leads to greater productivity. 

To learn how to prevent fatigue, check out the Work-related fatigue guide for employers from WorkSafe.

Record keeping continues to be an important tool to stay safe and stay open. Information and advice is available for businesses and workplaces required to collect contact details.

Most customer-facing venues and facilities are required to use the free Victorian Government QR Service or Victorian Government Application Programming Interface linked digital system for electronic record keeping.

WorkSafe, Department of Health and Labour Hire Authority inspectors have visited almost 40 orchards across the Shepparton region as part of a co-ordinated approach to workplace safety.

Labour Hire Licensing Commissioner Steve Dargavel said the Authority’s focus during its 19 visits was on education and ensuring compliance, checking that providers had COVIDSafe plans, as well as looking at their licence status and conditions for labour hire workers.

“These site inspections were important because they helped identify providers that needed COVIDSafe plans. By working with growers and providers to make sure they have compliant COVIDSafe plans we’re protecting regional communities and the harvest,” he said.

“Our compliance and enforcement officers were well received by growers who provided information about their labour hire providers. We have also received positive feedback about the information session hosted in Shepparton leading up to the inspections.”

WorkSafe, Labour Hire Authority and Department of Health inspectors are visiting farms around Shepparton this month to help the region have a safe harvest.

From all of us here at the Labour Hire Authority, we wish you a very happy holiday season and a wonderful new year.

While this has been a difficult year for all Victorians, together we have worked to make labour hire fairer and made great progress on this journey. We look forward to saying farewell to 2020 and continue working with you to build on this success into 2021.

The Authority will continue compliance monitoring and enforcement activities over the holiday period. As a result of investigations following reports of noncompliance, the Authority has issued a number of notices of intention to refuse applications and cancel licences. Please continue to report noncompliance and worker mistreatment through report a problem and provide as many specific details as possible.

Our enquiries phone line will be unavailable from Christmas Day, Friday 25 December to New Year's Day, Friday 1 January 2021 (inclusive). During this period you are welcome to continue contacting us via email.

Most labour hire providers lodge their annual reporting by the due date, however a small number of providers have overdue annual reporting. These providers are being contacted by the Authority to remind them to comply with their obligations and to lodge their annual reporting.

During this time of year, employers and workers may have questions about employee entitlements when working through the holiday period and businesses shutting down between Christmas and New Year. 

You can find information on entitlements from the Fair Work Ombudsman. This includes information on:

• directing employees to take leave
• employees without enough annual leave
• paying employees who don’t work on a public holiday
• public holidays during annual leave
• working extra hours and working on public holidays
• public holidays over Christmas and New Year's Day.

Information on entitlements

Make sure to keep safety top of mind and not to get carried away by rushing work.

When workers are rushed to finish jobs the chances of mistakes are higher. This can lead to serious incidents and serious injuries. Check out the workplace safety resources from WorkSafe Victoria.

Resources to help you take extra care over the holiday season

Everyone in the supply chain has a part to play in ensuring the safety of workers and compliance in the horticulture industry.

To help providers and growers in Sunraysia and the Mallee understand their obligations the Authority delivered a webinar in collaboration with WorkSafe, Department of Health and Human Services, Coles, Woolworths and the United Workers Union.

With harvest commencing, this was a timely opportunity to refresh understanding of compliance requirements. This harvest is going to present new challenges, and the guidance presented in the session will help create COVIDSafe workplaces where we can make sure we are doing our best to protect our colleagues, families and the broader community.

Workplaces need to clean and disinfect surfaces - both steps are essential. The Victorian Government has released updated cleaning and disinfection guidelines including information on:

• factsheets for workplaces, workforces, supervisors and building owners and managers
• checklists for engaging and monitoring routine cleaning services
• checklist for engaging cleaning services for a COVID-deep clean
• training completion register template
• cleaning guidelines factsheets for a range of industries.

To help make sure commercial cleaners are aware of the new guidelines, the Authority is collaborating with the Department of Jobs, Precincts and Regions to write to all providers that supply workers in commercial cleaning.

Guidelines and resources for environmental cleaning

The Department of Health and Human Services has also developed guidance materials for environmental cleaning.

Here are answers to a few of the top questions coming through to our enquiries team. If you have a question you can contact the Authority by using the contact us button below.

The Fair Work Commission is updating casual and overtime clauses in 97 awards. Updated clauses have started taking effect from 20 November 2020.

To find out if your award is affected and what you need to do visit Fair Work Ombudsman.

Thanks to the efforts of every Victorian, the Victorian Government announced that the state is moving to the Last Step of reopening.

As restrictions ease, it’s important that we act to keep ourselves and others safe. For more information visit:

• Last Step - coronavirus roadmap for reopening
• Industry restriction levels

Your workplace can use this free collection of templates, questionnaires, signage and posters to promote a COVIDSafe workplace.

The templates include:

• record sheet - visitor and patron contact log
• staff health questionnaire
• social media tiles to share information to your clients and colleagues

You can also find links to translated information about coronavirus (COVID-19).

During the coronavirus (COVID-19) pandemic the Labour Hire Authority has been engaging with the Department of Health and Human Services, and the Department of Jobs, Precincts and Regions, WorkSafe, Agricultural Victoria, and many other agencies to help provide support and guidance for vulnerable workers and businesses.

The Authority also continues to undertake licensing, education, compliance and enforcement activities during the COVID-19 pandemic to prevent the exploitation of workers and ensure fairness among labour hire providers. Over 120 providers have already lodged their annual reporting information and we are continuing to monitor compliance and requesting further information where required. We have also assessed over 3800 licence applications and cancelled 23 licences which can be viewed on the public register.

The Authority has also continued working with Victorian, interstate and Commonwealth agencies to monitor, identify and share information about noncompliance. This information helps the Authority use its compliance and enforcement powers efficiently and appropriately.

To help licensed providers collect the information and supporting documents needed to complete their annual reporting, the Authority has published an annual reporting guide and checklist.

For most providers annual reporting is short and simple. In developing the annual reporting process, the Authority considered feedback from the labour hire licence application process and made annual reporting more straightforward and easier to use.

Business tiers are set at labour hire licence application and can only be changed at licence renewal.

The Authority recognises the impact of coronavirus on labour hire hosts, providers and workers and the broader industry. While some providers are experiencing an increased demand for labour hire workers and an increased supply of workers looking for work, this has been a difficult time for providers who have lost business. We understand that some providers are frustrated by not being able to change their business tier.

There are currently no provisions in the Labour Hire Licensing Act 2018 or the Labour Hire Licensing Regulations 2018 that allow the Authority to adjust the business tier or fees set by the legislation and regulations.

Learn more about licence fees

Both farm businesses and labour hire providers have responsibilities for managing seasonal workers in horticulture. These are designed to protect regional communities and the businesses that operate in those communities.

New directions mean there are now some additional requirements for farm businesses and labour hire providers to help manage risks associated with coronavirus (COVID-19).

To help keep providers informed of the new directions, the Authority has written to relevant people and nominated officers for providers that have stated they supply workers to horticulture and agriculture.

Essential resources and guidance

• Fact sheet – Seasonal horticulture COVIDSafe requirements
• High Risk COVIDSafe Plan - Seasonal Horticulture
• Guidance – Industry Guidelines Seasonal Horticulture

The Victorian Government announced that from 11:59pm Tuesday 27 October 2020 some restrictions in metropolitan Melbourne and regional Victoria are easing. Providers and hosts can use the helpful resources from government to meet their obligations and keep their colleagues and communities safe.

• Coronavirus.vic.gov.au
• Translated information about coronavirus (COVID-19)
• Coronavirus (COVID-19) information for your industry - WorkSafe
• Coronavirus (COVID-19) business information – Business Victoria

All licensed labour hire providers must report annually on their labour hire activities to the Authority. This is a licence condition and is required by the Labour Hire Licensing Act 2018.

Learn more about annual reporting for licensed providers

The Authority has worked with a number of Victorian Government agencies to support industry specific information during the coronavirus (COVID-19) pandemic. We are currently working with WorkSafe Victoria to provide up-to-date, labour hire specific information for providers and hosts.

Visit WorkSafe to find both industry specific COVID-19 information and guidance for all industries.

COVID-19 information for your industry

The Victorian Government announced Victoria’s roadmap to reopening. It outlines gradual steps to ensure that businesses can open safely and effectively. Metropolitan Melbourne and Regional Victoria have specific reopening roadmaps.

The Victorian Government has developed an Business Resilience Package to support businesses through the COVID-19 pandemic and recently announced a third round of the Business Support Fund.

Businesses across the state dealing with significant challenges posed by the global COVID-19 pandemic can access information by calling the Business Victoria hotline on 13 22 15 or visiting their website.

Business Resilience Package

The Department of Health and Human Services has advice for businesses on what to do if any of your employees show symptoms of COVID-19 or test positive.

Use these instructions and tools to create clear policies and procedures for your business so you can keep your business, workers and customers safe by controlling possible outbreaks.

You should also be aware that employers must notify WorkSafe about a confirmed diagnosis of COVID-19 in the workplace.

The COVID-19 roadmap for reopening is now available in multiple languages for people from culturally and linguistically diverse backgrounds.

The Department of Health and Human Services translated resources page also provides fact sheets and materials with the most up-to-date information and advice.

These resources can be downloaded, distributed digitally, displayed at worksites and, where appropriate, displayed in accommodation and on transportation provided by employers.

The Authority has written to all licensed labour hire providers and applicants on behalf of the Department of Health and Human Services (DHHS) and the Department of Jobs, Precincts and Regions (DJPR) about their updated obligations under Stage 3 and 4 restrictions. Providers were also advised of updated coronavirus (COVID-19) resources and specific guidance from DHHS, Business Victoria and WorkSafe Victoria.

The Authority appreciates that the COVID-19 emergency creates significant challenges for the labour hire industry. The new directions of the Chief Health Officer will have a significant impact on labour hire providers and host businesses and are essential to prevent the spread of COVID-19. If we all do this, we can protect our loved ones, friends, colleagues, health care workers and the community.

The Authority regularly contacts licensed labour hire providers and applicants through their secure LHLO (Labour Hire Licensing Online) accounts. 

Providers should check their accounts for messages from the Authority following SMS or email notifications.

LHLO account messages from the Authority may include:

• requests for further information to progress licence applications
• application decisions and licence conditions.

See what people have been asking in August 2020.

Stage 4 restrictions are in place for metropolitan Melbourne and stage 3 restrictions are in place for regional Victoria and Mitchell Shire. 

Businesses under Stage 4 restrictions can only operate for on-site operations if they are a Permitted Work Premises and have COVIDSafe Plans for each worksite.

Regional Victoria is in Stage 3 ‘Stay at Home’ restrictions to help slow the spread of coronavirus (COVID-19) and a COVIDSafe Plan is advised for work premises.

A COVIDSafe Plan helps protect staff, customers and visitors. It also helps businesses prepare for a suspected or confirmed case of COVID-19 in the workplace. To help you prepare or update your COVIDSafe Plans go to Business Victoria.

For more information

• DHHS: Information and advice for the business and industry.
• Business Victoria: Information on the restrictions and resources to help your business prepare and update COVID Safe Plans.
• WorkSafe Victoria: Preventing and managing exposure in the workplace, support for workers and OHS obligations.

Business Victoria has published operational sector guidance and frequently asked questions (FAQs) for businesses and industries under Stage 4 and Stage 3 COVID-19 restrictions.

It is recommend that you go to Business Victoria for detailed guidance about your sector.

In metropolitan Melbourne, employers who require their staff to attend a worksite must issue a permitted worker permit to their employees under the Permitted Worker Scheme. This is the responsibility of the employer. Guidelines and the permit template are available from DHHS.

The permitted workers list was updated on 21 August 2020. Visit Department of Health and Human Services for the updated information.

To help communicate important health information in languages other than English, you can use the translated resources from DHHS website.

These resources can be downloaded, distributed digitally, displayed at worksites and, where appropriate, displayed in accommodation and on transportation provided by employers.

The Labour Hire Authority continues to undertake licensing, education, compliance and enforcement activities during the COVID-19 pandemic.

The Authority has finalised over 3,300 labour hire licence applications. Over half the total applications received were either incomplete or had incorrect information which has required the Authority to request further information from applicants or verify information with other Victorian, Commonwealth and interstate agencies. The Authority has requested further information to be able to assess complete applications rather than simply refusing labour hire licence applications.

Our team has sent over 2,800 written requests for information and has made thousands of phone calls to applicants.

The remaining applications that are being assessed were lodged more recently or they have minor or significant issues. Minor issues, for example, include: 

• Applicants were asked to provide further information for completeness. 
• Applicants sought to reopen, change and resubmit their applications as a company not an individual or to update the nominated officer to a person responsible for the actual day to day running of the business.

There are also a large number of applications that have significant issues such as applicants:

• not responding to requests for missing or further information.
• were asked for further information about how they are paying their workers and through which enterprise agreements, awards or other industrial instruments.
• were identified as potentially involved in sham contracting.
• are under review following an applicant’s fit and proper person test – for example there may be a history of breaching criminal or workplace laws.
• are identified in intelligence or information the Authority has received about non-compliance. 

Employers are now required to notify WorkSafe immediately when they become aware a worker has received a confirmed coronavirus (COVID-19) diagnosis.

The new Regulations, made under the Occupational Health and Safety Act and require employers and self-employed persons, with management or control of a workplace to notify WorkSafe immediately after becoming aware that:

• an employee, independent contractor, employee of the independent contractor or self-employed person has received a confirmed diagnosis of coronavirus (COVID-19) and;
• the employee, independent contractor, employee of the independent contractor or self-employed person has attended the workplace within the relevant infection period.

For information and how to report a confirmed COVID-19 diagnosis visit WorkSafe Victoria.

As you are aware, people living in metropolitan Melbourne or Mitchell Shire must wear a face covering when leaving their home, unless they have a lawful reason for not doing so. From 11:59 pm on Sunday 2 August this applies to all Victorians - including across regional Victoria. Employers must take reasonable steps to ensure that workers wear a face covering at all times when working in their business.

Use the resources from WorkSafe Victoria and DHHS to help prevent and manage the risk of exposure to COVID-19, and to understand your legal obligations. 

Even with face masks we must continue to practice good hygiene, wash our hands thoroughly and keep 1.5 metres distance between each other.

To help communicate important health information in languages other than English, visit the translated resources page on the DHHS website.

These resources can be downloaded, distributed digitally, displayed at worksites and, where appropriate, displayed in accommodation and on transportation provided by employers.

The Victorian Government is providing one-off payments to financially support Victorian workers, including parents and guardians, who are required to self-isolate or quarantine due to COVID-19.

Visit DHHS for further information.

A new criminal offence of workplace manslaughter has been introduced into occupational health and safety laws. The new offence of workplace manslaughter will be investigated by Victoria's health and safety regulator, WorkSafe Victoria, using their powers under the Occupational Health and Safety Act 2004.

It is every employer’s responsibility to make sure their employees stay safe at work and return home every day. If you are already complying with your OHS duties, you are doing the right thing and you will not need to do anything different. If you are not complying, the consequences for not thinking about workplace risk can be much more severe.

The Authority has worked with WorkSafe Victoria on resources for managing COVID-19 exposure risks in the agriculture industry and while travelling in vehicles.

Employers are encouraged to use the industry-specific resources from WorkSafe Victoria and DHHS to help prevent and manage the risk of exposure to COVID-19. Resources are available for many industries including meat and poultry, construction, aged care, healthcare and social assistance, and for workers at home and in offices.

Safe Work Australia has also published industry-specific advice on how to minimise the risk of exposure to COVID-19 in workplaces.

The Authority continues to warn labour hire providers and hosts that during this pandemic, it is more important than ever to ensure the occupational health and safety of their workers.

Compliance with existing workplace laws including the Occupational Health and Safety Act 2004 is a requirement for a labour hire licence. Providers and hosts are encouraged to use the COVID-19 resources from the Department of Health and Human Services (DHHS), WorkSafe Victoria and Safe Work Australia. 

To help businesses prevent infection in the workplace, plan for and respond to COVID-19 and support contact tracing with record keeping the DHHS has a prepared a range of resources.

To help communicate vital health information to workers in other languages, employers can visit the DHHS website, download translated resources, distribute them digitally and display them at worksites. Where appropriate the resources can also be displayed in employer provided accommodation and on employer provided transportation.

The translated resources include:

• Slowing the spread of coronavirus and Get tested if you have these symptoms posters
• Wash your hands regularly, Cover your cough and sneeze, and 3 ways to stay safe posters
• Looking after your mental health during COVID-19 pandemic
• translated and English updates.

Translated resources

The Fair Work Commission has been reviewing all modern awards and the new awards are taking effect throughout this year. To find out if your award has already been updated visit Fair Work Ombudsman (FWO).

If your award hasn't been updated yet, sign up to FWO alert service to hear about changes to your specific awards.

The Fair Work Commission has announced a 1.75% increase to minimum wages. This will apply to all award wages. 

To find out when a specific award will increase you can visit the FWO website.

As a part of the Victorian Government’s Working for Victoria fund, the $50 million Agriculture Workforce Plan has been set up to help agriculture, food processing and critical food supply chain business in rural, regional and outer metropolitan Victoria with:

• recruitment
• case management
• financial support for worker relocation and transport 
• worker induction and retraining 
• business adaptation.

Businesses across the state can register their needs on the platform and access a talent pool of jobseekers.

The Labour Hire Authority is directly contacting Nominated Officers to help providers understand their ongoing legal obligations around pay and awards.

Awards are legal documents that outline the minimum pay rates and conditions of employment. There are more than 100 industry or occupation awards that cover most people who work in Australia.

Employers should be aware that:

• The Fair Work Commission (FWC) has announced an increase to minimum wages and that this applies to all award wages.
• FWC has been reviewing all modern awards and the new awards are taking effect throughout this year.​
• In addition to very likely being covered by an award, all workers are also entitled to the National Employment Standards.

The Authority is also continuing to undertake compliance, enforcement and licensing activities during the COVID-19 pandemic. Our licensing and compliance and enforcement officers have requested further information from labour hire providers and are conducting a number of enquiries. The Authority has also assessed and granted over 3,100 licences across all industries and continues to assist businesses to submit complete applications for assessment.

The Labour Hire Authority continues to undertake compliance and enforcement activities during the COVID-19 pandemic. This article also discusses an information campaign for labour hire workers and provider and host compliance with existing laws.

For financial year 2020-21, all labour hire licence fees will remain unchanged. This includes:

• annual licence fee – the licence fee that is paid when a licence is granted and at the start of each 12 month period after the granting
• application fee – the fee to apply for a labour hire licence

Normally, each year as a result of indexation under the Monetary Units Act 2004 government fees and penalties increase, including labour hire licence fees and penalties. The Victorian Government has announced a freeze on all fees and fines that were due to increase on 1 July 2020.

Here are answers to a few of the top questions coming through to our enquiries team. If you have a question you can contact the Authority by using the contact us button at the bottom of this email.

The Victorian Government has announced the gradual easing of restrictions throughout the state, subject to the continued and effective management of the spread of COVID-19. Businesses that are reopening or planning their reopening can refer to health and safety guidance from WorkSafe Victoria and Safe Work Australia to help manage health and safety risks related to COVID-19.

This includes information on physical distancing, personal protective equipment, cleaning, undertaking risk assessments and designing emergency plans.

If your workplace is impacted by COVID-19, you can visit the Fair Work Ombudsman website for further information about your workplace obligations and rights, including information about:

• stand downs and reducing hours
• changing the location of work, including working from home
• pay and leave entitlements, including if someone is sick with COVID-19
• entitlements if an employee is stuck overseas or is required to be quarantined or self-isolate
• ending employment and redundancy entitlements.

To support hosts, providers and workers during the coronavirus pandemic, the Authority has also published details of licensed labour hire providers and applicants including the industries to which they nominated supplying workers. This will particularly help hosts who need labour hire services in industries such as healthcare, commercial cleaning, transportation and warehousing, horticulture, and meat and poultry processing.

The lists reflect the information provided by the applicants and licensed providers at the time of their application. In the future, the Authority aims to build this information into the provider registers.

Here are answers to a few of the top questions coming through to our enquiries team. If you have a question you can contact the Authority by using the contact us button below.

WorkSafe Victoria has published an informative guide for employers on managing the occupational health and safety risks associated with an infectious disease pandemic.

For more information on how employers can use occupational health and safety (OHS) practice to plan for a pandemic view the guide.

The Labour Hire Authority recognises that these are unprecedented times. The coronavirus situation is affecting labour hire hosts, providers and workers and has resulted in changes to the labour hire industry. Some labour providers have lost business, other providers are experiencing an increased demand for labour hire workers and an increased supply of workers looking for work, and new providers are seeking to supply workers to various industries during this pandemic.

It is for this reason the Authority will not take enforcement action against a provider for providing labour hire services without a licence, or a host who enters into an arrangement with that provider, where a complete application is submitted to the Authority before midnight 30 June 2020 and there is no evidence of non-compliance.

The Authority acknowledges that these are unprecedented circumstances. As Victoria’s labour hire industry regulator, our actions continue to focus on the administration and enforcement of the Labour Hire Licensing Act 2018 (Vic) and Labour Hire Licensing Regulations 2018 (Vic).

The Authority will conduct compliance monitoring of licensed labour hire providers.

The Authority examined a provider’s compliance with their legal obligations and found the provider was not complying with the relevant award and was underpaying workers.

Since identifying the noncompliance, the provider has proactively cooperated with the Authority to ensure that it complies with its obligations.

If English is not your first language, you can speak to us in your language by calling the Translating and Interpreting Service on 131 450.

Tell the operator the language you speak and ask the operator to telephone the Labour Hire Authority on 1300 545 200.

The Authority has requested further information from a number of applicants.

If the Authority requires additional information, we will contact you through the LHLO portal.

The Authority’s compliance and enforcement officers have started the year by visiting labour hire providers and hosts across Victoria. The officers are educating hosts and providers about their obligations and monitoring compliance with the labour hire licensing scheme.

The Authority is pleased to advise that you can now export information from the Register of Licensed Labour Hire Providers and the Received Labour Hire Application public register.

Some providers and hosts have contacted the Authority for ‘proof’ that a business can provide labour hire services.

Providers can show they have been granted a licence by...

A small number of labour hire providers have used the Labour Hire Authority’s logo on their websites or similar, without approval from the Authority.

You must not copy or re-publish the Authority’s logo. If you have copied or re-published the Authority’s logo it must be immediately removed.

The Labour Hire Authority thanks all those people fearlessly defending Victoria and supporting the continuing fire response and recovery.

From all of us here at the Labour Hire Authority, we would like to wish you a very happy holiday season and a wonderful new year.

The Authority will remain open over the festive season, except on the following days:

• Christmas Day, Wednesday 25 December 2019
• Boxing Day, Thursday 26 December 2019
• New Year’s Day, Wednesday 1 January 2020

Labour hire licensing applies to all industries. If you supply one or more workers to perform work in and as part of a business or undertaking of another person, you are likely to be a labour hire provider.

Our website was recently updated to include more scenarios across various industries. These scenarios can be found via the following links.

• General definition of labour hire services
• Recruitment and placement services
• Contractor management services
• Poultry processing
• Cleaner in a commercial premises
• Excluded classes of workers
• Transport

You should consider your particular circumstances when determining whether you require a labour hire licence.

If you supply workers to work as a cleaner in a commercial premises you are likely providing labour hire services and will require a licence. Here are some scenarios in a cleaning setting.

The Authority thanks everyone who applied for a labour hire licence by the end of the six-month transition period. The Authority will prioritise the assessment of these 3841 applications.

The Authority is aware there are existing providers who fully intend to comply with the Act and wish to obtain a licence but were not able to apply by the end of the transition period. It is vital to the success of the licensing scheme that all providers who are compliant with their legal obligations and who express an intention to continue to provide labour hire services in Victoria in accordance with labour hire laws are licensed.

It is for this reason the Authority has decided that, where a complete application is submitted to the Authority before midnight on 31 December 2019, and there is no evidence of non-compliance, it will not take enforcement action against a provider for providing services without a licence, or a host who enters into an arrangement with that provider.

This approach is in accordance with the guiding principles set out in the Authority’s Compliance and Enforcement Policy which is available on the Authority’s website and our key objective of protecting workers from exploitation, while operating in a fair and proportionate manner.

The end of the transition period was commemorated by Minister for Industrial Relations, Tim Pallas and Labour Hire Licensing Commissioner, Steve Dargavel. You can find the Victorian Government media release here.

The Labour Hire Authority received 3841 licence applications during the six-month transition period - 37 percent of applications were submitted in the last 48 hours.

During the transition period the Authority spoke with thousands of providers and hosts across Victoria through over 120 forums and stakeholder engagement sessions, conducted two advertising campaigns and attended to over 7,000 phone calls assisting businesses with their applications.

The Authority is pleased to advise that we are continuing to implement a range of improvements to our website.

The Authority has received a large number of applications. We are continuing to carefully assess applications to improve integrity in the labour hire sector.

We unable to provide a time frame to assess an application because each application varies.

Application assessment speed has been impacted significantly because many applicants have not provided the required information.

Applications lodged before 30 October 2019 will be prioritised and applicants can continue to trade as labour hire providers until their application has been assessed.

The labour hire licensing scheme was established in response to the independent Victorian Inquiry into the Labour Hire Industry and Insecure Work, which found significant evidence of exploitation of workers in the labour hire sector.

Labour hire licensing was introduced with the objectives of protecting workers from exploitation and improving the transparency and integrity of the labour hire industry.

The scheme seeks to achieve a level playing field, so that labour providers do not face unfair competition from unscrupulous operators, and workers are not subject to exploitation.

Unfortunately, some organisations are requiring all their service providers to obtain labour hire licences without considering whether the arrangement is for the provision of labour hire services, and in some circumstances hosts are requiring their service providers to provide confirmation that a labour hire licence is not necessary. 

Hosts should refer to the Authority’s website, the Act and Regulations to consider whether their own arrangements are for the provision of labour hire services.

Applicants must declare they comply with a range of existing laws as part of a labour hire licence application. These are not new legal obligations created by the labour hire licensing scheme. These are current legal obligations such as paying taxes and superannuation and providing a safe place to work.

To help providers and hosts follow existing Victorian and Commonwealth laws, here are some helpful links.

Sham contracting is an arrangement where an employer attempts to disguise an employment relationship as an independent contracting arrangement.

Persons or organisations who have an interest in the protection of workers or the integrity of the labour hire industry (Interested Persons) may make an objection to a licence application or renewal within 14 days of notice of the application being published on the Authority’s website.

Our website provides a range of scope scenarios to help give you an idea of what is and is not labour hire. These scenarios have been developed in response to your feedback and will be progressively updated. 

You can find a range of scenarios through these links:

• General definition of labour hire services
• Recruitment and placement services
• Contractor management services
• Poultry processing
• Cleaner in a commercial premises
• Excluded classes of workers
• Transport

These examples are for illustrative purposes only and do not constitute legal advice. You should consider your particular circumstances when determining whether you require a labour hire licence. If you are unsure, you should seek legal advice.

If you need to apply for multiple labour hire licences, and you are the nominated officer for each application, you will have to register a new LHLO account for each licence application.

As part of the application for a labour hire licence, the Authority asks for information from providers about the total number of workers they supplied to hosts in the 12 months before the date of the application, or expect to supply to hosts during the 12 month period after a licence comes into forces.

The Authority may require additional information depending on the circumstances.

You can find examples of what information is required here: download PDF.

The Authority is working on the implementation of a search function for the Received Labour Hire Application public register.

The Authority will also post a list of applications which have been provisionally granted, subject to the payment of the annual licence fee.

Since applications opened on 29 April, the Authority has noticed that many labour hire providers have made simple mistakes in their applications which has caused delays.

Thank you to the many labour hire providers who have already applied for a licence.

Providers benefit from submitting complete applications early because:

Trustees must be the applicants for trusts

When applying for a licence on behalf of a trust, the applicant must be a natural person or an organisation, not the trust.

This is because a trust is a relationship, not a legal entity, and cannot be an applicant for a licence or a licensee, if the application is successful.

Click 'Read More' to view scenarios of individuals and corporations acting as trustees and applying for a licence.

Since applications opened on 29 April, the Labour Hire Authority (Authority) has noticed that many labour hire providers have made simple mistakes in their applications which has caused delays.

To help applicants gather the information needed to complete a licence application the Authority has put together a helpful application guide checklist. Please use the guide to ensure that everything is provided in the application for us to complete the assessment of your application. 

You can view the most significant causes of delayed assessments by clicking 'Read More'.

From 30 October 2019, hosts must only use licensed labour hire providers or providers that have applied for a licence and it has not been refused.

Click on 'Read More' to find out about changes to the labour hire licence application online portal, host lists and enforceable undertakings.

The Authority will continue to provide information sessions about the labour hire licensing scheme across metropolitan and regional Victoria.

The following are scheduled in August.

The Victorian Labour Hire Licensing Scheme has now commenced. 

The Minister for Industrial Relations Tim Pallas announced the beginning of the scheme today, aimed at making the labour hire system fairer for workers, businesses and providers.

Today the Minister for Industrial Relations Tim Pallas and the Labour Hire Licensing Commissioner Steve Dargavel announced the commencement of the labour hire licensing scheme on 29 April 2019.

The Labour Hire Licensing Regulations 2018 were made on 23 October 2018, following public consultation on draft regulations in August - September 2018.

The commencement and operation of the Victorian labour hire licensing scheme will be supported by the introduction of Labour Hire Licensing Regulations. The public consultation period for the exposure draft Regulations under the Labour Hire Licensing Act 2018 (Vic) began on 7 August 2018 and ended on 5 September 2018. Visit the Labour Hire Licensing Authority Regulations and  Regulatory Impact Statement website for more information.