Alleged non-compliance identified in LHA inspections of farms in north-west Victoria
5 September 2024
Labour Hire Authority (LHA) officers have identified multiple instances of alleged non-compliance during recent unannounced inspections of farms in Victoria’s north-west.
LHA inspectors reviewed host farms’ labour supply chains to check the licence status of their labour hire providers, and conducted interviews with workers on site and with several labour hire licence applicants in the region.
Through interviews with workers employed by licensed providers, LHA inspectors gathered evidence regarding:
- their pay, entitlements and conditions
- whether accommodation or travel was supplied by their employer
- occupational health and safety standards.
As a result of the operation, LHA identified non-compliance by providers at multiple sites, including an allegedly unlicensed provider.
Under the Labour Hire Licensing Act 2018 (Vic), penalties for using or providing unlicensed labour hire services can exceed:
- $630,000 for a corporation
- $150,000 for an individual.
Investigations are ongoing – under the Act, non-compliance may result in licensing action including licence cancellation or enforcement through prosecution of businesses using or providing unlicensed labour hire services.
The site visits were a joint field operation as part of the ongoing collaboration between LHA and the Fair Work Ombudsman (FWO), following joint site visits to farms in Melbourne’s south-east in April and in the Yarra Valley and Mornington Peninsula in July this year.
These actions underscore LHA’s commitment to enforcing labour hire law and ensuring all parties in the labour hire supply chain adhere to their legal obligations.
Assessing licence applications through applicant interviews
Alongside the site inspections, LHA inspectors also conducted interviews with the directors of several labour hire licence applicants in the region.
When assessing licence applications, LHA examines whether the applicant and all relevant persons involved in the business are compliant with relevant legal obligations.
Under the Act, directors and other key people involved in managing labour hire businesses must be fit and proper, to protect workers and improve the integrity of the industry.
Relevant persons may also be required to provide further information to LHA to support a licence application via written notice or face-to-face interview. Failure to provide this information to LHA may lead to licence application refusal.