• Licensing information

Worker accommodation and transport are often associated with exploitative and unsafe practices by labour hire providers.

Under the Labour Hire Licensing Act 2018 (Vic), providers must inform the Labour Hire Authority (LHA) if they intend to procure or provide accommodation or transport to workers they supply to hosts.

Providers must also comply with all relevant laws around worker transport and accommodation – non-compliance can lead to actions including imposing licence conditions, suspension or cancellation.

Accommodation

Any housing procured or supplied for workers by a provider must comply with applicable minimum accommodation standards, such as the Public Health and Wellbeing Act 2008 (Vic).

Accommodation must be registered with the relevant local council and comply with standards about:

• overcrowding
• maintenance
• cleanliness
• minimum toilet and bathing facilities.

LHA compliance officers routinely inspect accommodation facilities during site visits, especially when there are concerns about meeting minimum standards.

In September 2023, a horticulture provider entered into an undertaking to cease operating unlicensed after LHA legal action in the Supreme Court. Following an investigation, LHA alleged the provider had contravened the LHL Act and exploited workers by housing them in substandard accommodation.

For more information on providers’ obligations around accommodation, including minimum standards, visit the Accommodation web page.

Transport

When supplying transport to workers, providers must ensure they comply with all relevant laws, including the Road Safety Act 1986 (Vic), and the Heavy Vehicle National Law (Vic).

To remain compliant with their licensing obligations and other relevant laws, providers must ensure:

• drivers of vehicles transporting workers hold an appropriate licence (in Australia or overseas) for the class of vehicle they are operating
• the vehicle (including any trailers) used for transporting workers is appropriately registered, and complies with any limits regarding mass and dimensions
• additional requirements when using a bus are complied with, such as fatigue management measures as outlined in the Heavy Vehicle National Law (Vic).

For more information on obligations when providing transport, including scenarios, visit the Transport web page.