Industries where the supply of workers is taken to be labour hire


Under the Labour Hire Licensing Regulations 2018 (Vic.), there are some circumstances in which an individual is taken to ‘perform work in and as part of a business or undertaking’.

Broadly speaking, the circumstances which are taken to be labour hire, are where a business supplies workers to work:

  • as a cleaner in a commercial premises
  • in the horticultural industry, performing certain activities
  • in a meat manufacturing or processing establishment, performing certain activities or
  • poultry processing establishment, performing certain activities.

This means that if the workers you supply perform work in any of these establishments or industries, you are likely to be providing labour hire services and will require a licence.

Further details are provided below in relation to what kinds of activities are taken to be labour hire in relation to horticulture and meat and/or poultry processing.

Horticulture

If you conduct a business supplying workers to a host to perform any one or more of:

  • picking
  • sorting
  • labelling
  • packing
  • planting
  • thinning
  • pruning
  • spraying
  • repetitive work on automatic, semi-automatic or single-purpose machines or equipment
  • performing basic recording functions related to any of the above work

in relation to fruit or vegetables with the exercise of minimal judgment and under direct supervision, at a place where a business or undertaking is being conducted by the host, then it will be labour hire and you will require a labour hire licence. This applies regardless of whether the worker also does other kinds of work for the host.

Meat processing

If you conduct a business supplying workers to a host to perform any one or more of:

  • killing
  • dressing
  • boning
  • slicing
  • preparation
  • packing
  • processing

at a meat manufacturing establishment or meat processing establishment, then it will be labour hire and you will require a labour hire licence. This applies regardless of whether the worker also does other kinds of work for the host.

Poultry processing

If you conduct a business supplying workers to a host to perform any one or more of:

  • killing
  • processing
  • preparation
  • packing

at a poultry processing establishment, then it will be labour hire and you will require a labour hire licence. This applies regardless of whether the worker also does other kinds of work for the host.