Legal action taken against business and director for allegedly advertising labour hire services without a licence
5 September 2024
The Labour Hire Authority (LHA) has commenced legal action against a Queensland-based business, alleging it advertised labour hire services in Victoria while unlicensed.
LHA alleges that Gobally Talent Group Pty Ltd published several advertisements on Facebook in February and March 2024, representing that it provides, or is willing to provide, workers to pick grapes in Mildura and procure their accommodation.
Gobally Talent Group Pty Ltd also allegedly placed advertisements on its website representing that it provides or is willing to provide meat processing workers to businesses in Stawell, Horsham and the Grampians.
LHA alleges that Gobally Talent Group Pty Ltd did not hold a labour hire licence when the advertisements were published, and that its director, Sheng-Yao Ho, was knowingly concerned in or a party to the contravention.
“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.
“Labour hire workers in horticulture and meat processing have historically been subject to significant exploitation, so any company that advertises to provide these workers should expect scrutiny from our investigators,” he said.
Under the Labour Hire Licensing Act 2018 (Vic), it is unlawful for individuals or organisations without a licence to advertise labour hire services in Victoria, or hold themselves out to be a labour hire provider. Penalties exceeding $35,000 for an individual and $145,000 for a corporation apply.
“More significant penalties apply for engaging an unlicensed labour hire provider, so businesses should always check the licence status on the LHA website,” said Commissioner Dargavel.
Gobally Talent Group subsequently applied for a Victorian labour hire licence in April 2024, after the advertisements were allegedly published. Its licence application was refused.
Before advertising labour hire services in Victoria, you must hold a valid labour hire licence
Any promotional material that states or implies that a business is willing to provide labour hire services is considered advertising, and 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.
This also applies if an application to renew a licence is not lodged before it expires. In this scenario, all advertising must cease until a new licence is granted.
To avoid risking serious penalties, labour hire providers should:
- apply for a labour hire licence at least two months before you intend to start advertising your services, allowing time for the application to be processed
- not advertise labour hire services until your licence is granted
- submit your application to renew your licence ahead of its expiry – up to six months in advance
- if your licence status changes, ensure advertising ceases or is adjusted to reflect this licence status, including updating any websites or social media pages.
Businesses should use the tools on the LHA website to ensure providers have a valid licence:
- Check a provider is licensed using LHA’s Labour Hire Licence Register.
- Stay up to date on any changes to a provider’s licence status using Follow my Providers.
- Report any suspected non-compliant or unlawful activity using the Report a Problem tool.
Read more about advertising labour hire services on the LHA website.