Evidence of non-compliance in the labour hire industry? Let us know
3 October 2024Anyone with evidence that a business may not comply with its obligations in using or providing labour hire services is encouraged to report this to the Labour Hire Authority (LHA).
LHA frequently uses these reports to inform its compliance investigations and enforcement actions, supporting a fairer labour hire industry for Victorian workers and businesses.
LHA wants to know if:
- labour hire workers are being mistreated, such as poor accommodation or underpayment of wages
- illegal arrangements are in place, such as sham contracting or to avoid obligations
- a provider is operating without a licence
- a host business is using workers supplied by an unlicensed provider.
Objecting to a labour hire licence application or renewal
When a business applies for a new or renewed labour hire licence, details are published on the Labour Hire Licence Application Register, where objections can be made within 14 days.
Objections can help LHA in its assessment of a licence application and can be made by ‘interested persons’ including trade unions, industry peak bodies, workers, labour hire hosts and providers.
An objection may be raised based on whether the applicant:
LHA may request more information or documentation from either the objector or the applicant to enable thorough assessment of the application.
The applicant will receive a copy of the notice of objection and will have 14 days to provide a response.
After considering an objection, LHA may:
- refuse the application
- grant the licence
- grant the licence with conditions
- grant the licence for a shorter period than the maximum of three years
- take further action such as prosecuting the applicant or referring the matter to another regulator.
Reporting a problem to LHA
Anyone with a complaint, concern, or information about an issue with a currently operating labour hire business is encouraged to let LHA know via the Report a Problem tool.
You can report a business to LHA regardless of whether it:
- has never applied for a labour hire licence
- has recently applied for a new or renewed licence
- holds an active licence.
To support effective action by LHA:
- Provide detailed information and evidence where possible – such as payslips, photos, contracts and/or screenshots – to assist LHA to investigate.
- Keep the description of the issue objective – the who, what, where, when, how and why of what has occurred.
- Provide contact details – while it is not mandatory to provide your details, LHA is more likely to act if it is possible to clarify or gain further information if required.