Company and director prosecuted for allegedly advertising and providing unlicensed labour hire services

6 March 2025
Company and director prosecuted for allegedly advertising and providing unlicensed labour hire services

The Labour Hire Authority (LHA) has commenced legal action against a labour hire business and its director, alleging it supplied and advertised unlicensed labour hire services.

Documents filed by LHA in the Supreme Court of Victoria allege that Mountain Harvesting Pty Ltd received over $2 million from horticulture companies for unlawfully supplying 111 labour hire workers.

LHA also alleges Mountain Harvesting and its director Hom Dawadi published more than 40 Facebook advertisements seeking contract workers for various horticulture roles, over a period of several years.

Mountain Harvesting did not hold a licence during the period they allegedly supplied and advertised labour hire services.

Significant penalties can apply

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.

Under the Act, penalties for advertising unlicensed labour hire services can exceed:

  • $145,000 for a corporation
  • $35,000 for an individual.

“Ensuring labour hire companies are licensed is essential to protect workers and improve the integrity and transparency of the industry,” said Labour Hire Licensing Commissioner, Steve Dargavel.

“If you think you can flout Victorian law and profit off the backs of vulnerable labour hire workers, think again,” he said.

“Labour hire workers in horticulture and meat processing have historically been subject to exploitation, so any company that advertises to provide these workers should expect scrutiny from our investigators,” said the Commissioner.

Only advertise if you have an active licence

Material considered as advertising

To comply with the advertising clause of the Act, a valid labour hire licence must be in place at the time any form of promotional material advertising labour hire services is active.

This may include:

  • television and radio adverts
  • newspapers and other publications
  • flyers in mailboxes of homes or businesses
  • paid and organic posts on social media platforms
  • an active website promoting services
  • posting to online community message boards and pages.

Avoid the risk of not being able to advertise labour hire services

Providers should always be aware of where they are advertising services, especially at three key times:

  • When applying for a licence – apply at least three months before intending to start advertising services, allowing time for the application to be processed.
  • When renewing a licence – submit renewal applications up to six months ahead of expiry.
  • If a licence status changes – ensure all labour hire advertising ceases, including updating any websites or social media pages.

Use LHA tools to check for a valid licence

Businesses that engage providers should use the tools on the LHA website to ensure providers have a valid licence: