Apply for a labour hire licence

To minimise any issues with your application, it is important to gather the necessary information before you begin. Please refer to the below for the details we will request.

Types of applications

There are two types of licence applications. One is for individuals, and the other is for organisations.

If your business is structured as a sole trader, you should apply as an individual.

If your business is structured as anything other than a sole trader, you should apply as an organisation.

In either case, you will need to state whether you or your organisation are either:

• currently conducting a labour hire services business in Victoria (an existing business)
• intending to conduct a labour hire services business in Victoria (a new business).

Individual applications

If you are applying as a sole trader, you will need to list and provide documentation for the following:

• your full name, residential address and place of birth
• your ABN and all registered business name(s) that you are or will be using
• your business address, postal address and phone number
• your accountant’s details (if you have one)
• your businesses annual turnover for the last financial year
• your host(s) details, including their name, ABN and the address where the work will be performed
• any labour hire licences you hold from any other Australian jurisdictions
• if your business is registered with the Australian Taxation Office for GST, PAYG and FBT
• if your business is registered with WorkSafe Victoria for WorkCover
• if your business is recognised as a Group Training Organisation, and if you employ apprentices
• if you have a business plan outlining how you will comply with your obligations under the Labour Hire Licensing Act 2018 (Vic) (Act) (for new labour hire service businesses only).

You will also need to supply:

• the number of labour hire workers you have supplied in the last 12 months (for existing businesses) or projected numbers for the next 12 months (for new businesses)
• how many of those workers were employees, independent contractors, or worked as both
• if the workers you supplied in the last 12 months held any temporary work visas (for existing businesses) or projected numbers for the next 12 months (for new businesses)
• the industrial instruments – such as awards, enterprise bargaining agreements or piecework agreements – for workers you supplied in the last 12 months (for existing businesses) or intend to use (for new businesses)
• relevant person details, including information to conduct criminal history checks (please refer to the Relevant person section below)
• fit and proper person assessment details (please refer to the Fit and proper person requirements section below)
• if you are or will be providing accommodation or transport for workers in connection with the labour hire service. (Please refer to the Accommodation page and Transport page for more information.)

Organisation applications

If you are applying as an organisation, you will need to list and provide documentation for the following:

• your details as a relevant person in relation to the organisation, including your full name, residential address, place of birth and role in the business
• your organisation’s ABN, full legal name, business address, postal address and business phone number
• the name and business phone number for your organisation’s accountant
• your businesses annual turnover for the last financial year
• your host(s) details, including their name, ABN and the address where the work will be performed
• details about your organisation’s structure
• details about your organisation’s incorporation or registration
• any labour hire licences your organisation holds from any other Australian jurisdictions
• if your organisation is registered with the Australian Taxation Office for GST, PAYG and FBT
• if your business is registered with WorkSafe Victoria for WorkCover
• if your organisation is recognised as a Group Training Organisation, and if you employ apprentices
• if you have a business plan outlining how you will comply with your obligations under the Act (for new labour hire service businesses only).

Please note: If your organisation is part of a group of entities carrying on business collectively, but provides labour hire services to a host outside the group, you will need to licence each entity that supplies workers outside the group on a labour hire basis.

You will also need to supply:

• the number of labour hire workers you have supplied in the last 12 months (for existing businesses) or projected numbers for the next 12 months (for new businesses)
• how many of those workers were employees, independent contractors, or worked as both
• if the workers you supplied in the last 12 months held any temporary work visas (for existing businesses) or projected numbers for the next 12 months (for new businesses)
• the industrial instruments – such as awards, enterprise bargaining agreements or piecework agreements – for workers you supplied in the last 12 months (for existing businesses) or intend to use (for new businesses)
• relevant person details, including information to conduct criminal history checks (please refer to the Relevant person section below)
• fit and proper person assessment details (please refer to the Fit and proper person requirements section below)
• if you are or will be providing accommodation or transport for workers in connection with the labour hire service. (Please refer to the Accommodation page and Transport page for more information)

Eligibility to apply

Individuals are ineligible to apply for a licence if:

• in the last 2 years, you held a labour hire licence that was cancelled (unless you requested the cancellation), or
• you made an application for a labour hire licence that was:
  • refused within the last 3 months, or
  • refused, then appealed but the original refusal was upheld, within 3 months.

If you are under 18 years of age, contact us to discuss your circumstances.

Organisations are ineligible to apply for a labour hire licence if:

• their licence was cancelled within the last 2 years
• their application for a licence was refused, or refusal upheld on appeal, within the last 3 months.

This applies to licence cancellations unless the organisation requested the cancellation, and to licence applications and refusals unless:

• the organisation is a corporation that has been genuinely sold since the cancellation, and:
  • none of the previous shareholders involved in the corporation at the time of the cancellation are current shareholders
  • no person who had a beneficial interest in the corporation at the time of the cancellation currently has a beneficial interest in the corporation
  • no person who, at the time of the cancellation, was in a position to control or influence the affairs of the corporation is currently in such a position.

If the organisation is not a body corporate and all staff are under 18 years of age, contact us to discuss your circumstances.

Nominated officer details

A nominated officer is a person responsible for the day-to-day operations of the labour hire business. They must be reasonably available to be contacted about their labour hire licence.

In the case of a sole trader, the nominated officer must be the person named as the sole trader.

A nominated officer cannot be an external professional adviser like an accountant or solicitor.

The licence application must be completed by a nominated officer, which makes them a relevant person for the licence by default.

Relevant person(s) details

The application must include details of all relevant persons, which includes:

• the applicant (i.e. the holder of the licence once granted)
• each director or secretary of the body corporate (if the applicant is a body corporate)
• any person who makes, or participates in making decisions that affect the business.

Nominated officers are included as relevant persons by default. External professional advisers like the businesses accountant or solicitor cannot be relevant persons.

Each relevant person listed on the application will be sent an email with a link to an online form. They will need to complete and save their information before the application can be submitted.

The applicant will also need to provide certified copies of proof of identity documents for all relevant persons.

For unincorporated associations, each member needs to be included as a relevant person, with proof of identity documents provided.

For partnerships, proof of identity documents must be provided for:

• each member of the Board, or
• each member of the executive committee, or
• each senior partner, or
• each partner.

We also conduct criminal history checks on all relevant persons. To allow us to do this, you will need to:

• complete an informed consent form
• tell us about driver and firearm licences you hold
• declare your contact with vulnerable groups
• provide certified copies of proof of identity documents.

We will also ask if you have ever been involved in another labour hire services business as a relevant person. If you have, we will ask you to provide the name and ABN of that business.

Fit and proper person requirements

We conduct a fit and proper person assessment for each relevant person.

You will need to answer the following questions about whether you, or a body corporate of which you were an officer, have in the last:

• 10 years, been found guilty of an indictable offence against the person, or an offence involving fraud, dishonesty or drug trafficking that was punishable by 3 months or more imprisonment (or equivalent offence committed outside Victoria)
• 5 years, been found by a court, tribunal or regulator, to have contravened a workplace law, labour hire industry law or minimum accommodation standard
• 5 years, entered into a deed of agreement or given an enforceable undertaking in connection with an alleged contravention of a workplace law, labour hire industry law or minimum accommodation standard
• 5 years, been insolvent, or been an externally administered company under the Corporations Act 2001 (Cth)
• 5 years, held a licence under a labour hire industry law that was cancelled, suspended or revoked (other than where requested by the licence holder)
• 5 years, been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 (Cth)
• 5 years, received a Director Penalty Notice in respect of unpaid superannuation guarantee amounts.

You will also be asked, for each relevant person or a body corporate of which they are an officer, whether to your knowledge:

• there are currently any investigations in relation to an alleged contravention by or with the involvement of the relevant person of a labour hire industry law, a workplace law or minimum accommodation standards
• in the last 12 months, the relevant person has been required to notify a regulator of an incident under a law relating to occupational health and safety
• in the last 12 months, the relevant person has been the subject of a claim for compensation or damages under workers' compensation laws.

If you answer yes to any of these questions, we will ask for more information.

You will have the opportunity to provide an explanation if you have had compliance difficulties.

Licence fees

You must pay an application fee when you submit your application for a new labour hire licence.

This non-refundable fee is the cost associated with assessing your application. It is calculated based on business turnover.

For more information, please visit the Licence costs and fees page.

The below list outlines all the documents you will need to submit with your application.

Document list for both individual and organisation applications

Identity documents

To enable LHA to conduct checks and process a licence application, relevant persons must either:

1. Verify their identity using Service Victoria’s digital identity portal.
2. Provide certified copies of identity documents directly through the Labour Hire Licensing Online (LHLO) Portal.

Learn more on the Proof of identity page.

Informed consent

The informed consent form is available for download within the application form.

Fit and proper person documents

You will need to supply copies of the below documents for each relevant person (if applicable):

• Any written judgment or order relating to you, or a body corporate of which you were an officer, in the last 10 years being found guilty of an indictable offence against the person, or an offence involving fraud, dishonesty or drug trafficking that was punishable by 3 months or more imprisonment, or an offence that if committed in Victoria would constitute the same offence. Also for any related appeal.
• Any written judgment or order relating to you, or a body corporate of which you were an officer, in the last 5 years being found to have contravened a workplace law, labour hire industry law, or minimum accommodation standards.
• Any enforceable undertaking or deed of agreement you, or a body corporate of which you were an officer, entered into in the last 5 years in connection with an alleged contravention of a workplace law, labour hire industry law, or minimum accommodation standards.
• Any winding up order, order appointing an administrator or other relevant instrument related to the insolvency or external administration relating to you, or a body corporate of which you were an officer, in the last 5 years.
• Any decision or correspondence notifying you of a compliance action (such as cancellation, suspension or revocation of a licence held under a labour hire industry law), and the reasons for the compliance action, if relevant.

Non-Victorian labour hire licence(s)

You will need to supply copies of any labour hire licences you hold from any other Australian jurisdictions.

BAS and tax documents

You will need to supply copies of the below BAS and tax documents:

• your Business Activity Statements (BAS) for the previous 4 quarters
• the page of your businesses latest tax return that summarises the calculation of total income under ‘calculation of total profit and loss’
• if you are exempt from lodging BAS, your nil BAS along with a copy of your tax records showing the income from the business in the last financial year.

Business plan

If you are conducting a new labour hire services business, you will need to provide a copy of your business plan. Guidance on developing a business plan is available on the Business Victoria website.

WorkCover certificate

If you are registered with WorkSafe Victoria, you will need to supply a copy of your WorkCover Certificate of Currency.

Piecework agreements

If you employ any workers under piecework agreements, you will need to attach copies of the agreements in force at the time of the application.

Host addresses

If you are providing workers to more than 5 hosts, you will need to complete the host address spreadsheet. This spreadsheet is available for download within the application form.

Accommodation addresses

If you are providing worker accommodation at more than 5 addresses, you will need to complete the accommodation address spreadsheet. This spreadsheet is available for download within the application form.

Additional document list for organisation applications

If your organisation is a body corporate, you will need to supply a copy of:

• the Certificate of Incorporation (or Certificate of Registration).

If your organisation is an unincorporated association, you will need to supply copies of:

• the Certificate of Registration as a registrable Australian body with the Australian Securities and Investment Commission (ASIC), or
• the relevant Certificate of Registration issued by the authority that administers the organisation, and
• the rules under which the association operates.

If you or the organisation as applicant are an agent or trustee of the unincorporated association, you will need to supply proof of the agency or trust.

The labour hire licence application needs to be completed by the businesses nominated officer. The nominated officer must be a natural person who is responsible for the day-to-day conducting of the labour hire business.

This nominated officer is also required to create an account on the Labour Hire Licensing Online (LHLO) Portal, and become the account holder.

For more information, please visit the Before you create an LHLO account page.

Once they have created an LHLO Portal account, the nominated officer can then begin the licence application process through the LHLO Portal.

Once you submit your application, it will appear on the Received Labour Hire Applications public register.

Within 14 days of your application being published on the register, interested persons can lodge an objection against it.

Once the 14-day objection period has ended, we will check your application to ensure that:

• it has been fully completed
• all the declarations have been made
• all identity and other supporting documents have been provided.

After the objection period has ended, we begin assessing the application. We aim to assess most applications within 60 calendar days.

If necessary, we will contact you for further information through the LHLO Portal. You should respond as soon as possible so that your application can progress. Applications that do not include all required information may be refused.

The information you provide may be checked by our compliance and enforcement team. We also work with Victorian, Commonwealth and interstate government agencies to perform checks.

If your application is successful, you will:

• receive SMS and email notifications to check your LHLO account
• receive your licence certificate
• be required to pay your annual licence fee, granting your licence for up to 3 years.

Licensed labour hire providers are required to report every 12 months on their labour hire activities for the previous 12 months. For more information, please visit the Annual reporting page.

If your application is refused, you will:

• receive SMS and email notifications to check your LHLO account
• receive the reasons for the decision and your rights of appeal.

Until your licence has been granted, you cannot:

• provide labour hire services
• advertise or in any way hold out that you provide, or are willing to provide, labour hire services
• enter into an arrangement for the provision of labour hire services
• enter into a proposed arrangement with a supplier if the client has grounds to suspect that a proposed arrangement is for the purpose of avoiding or circumventing an obligation that would otherwise be imposed upon by the client, the supplier or another person by this Act.

Maximum penalties exceed $632,000 for a company or $158,000 for an individual. For more information, please visit the Penalties page.

Once their licence has been issued, all nominated officers will be automatically subscribed to receive our monthly newsletter via email.

For a list of useful resources regarding the Labour Hire Authority and the licensing scheme, please visit the Resources page.

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