Victorian labour hire licensing scheme will commence on 29 April 2019.
From 29 April labour hire providers will have six months to apply for a licence to operate in Victoria.
If you are a "Host" ie. business, farm or organisation that uses the service of labour hire companies to supply labour, you must use only a licensed labour hire provider.
What are your obligations as a labour hire host?
The main obligation on hosts is to use only licensed labour hire providers to obtain the services of labour hire workers.
Once the scheme commences, before engaging a labour hire provider, hosts will be able to find out whether the provider they plan to use is licensed by checking the online Register of Licensed Labour Hire Providers.
Hosts will also be able to find out whether their planned provider has applied to be licensed, by checking the separate online list of ‘Applications received’. Hosts will fall into the category of ‘interested persons’ who can make an objection to a licence being issued to an applicant.
Hosts can be assured that licensed providers have been assessed in relation to their compliance with a range of relevant State and Commonwealth laws and whether they are a fit and proper person to hold a labour hire licence.
Hosts will be prohibited from using an unlicensed labour hire provider, and hosts doing so will be exposed to significant fines, with a maximum penalty exceeding $500,000. There are also significant penalties for clients including hosts who seek to enter arrangements with suppliers aimed at avoiding or circumventing obligations that would otherwise be imposed by the Labour Hire Licensing Act 2018 on the client, supplier or someone else. Avoidance arrangements must be reported to the Labour Hire Authority.
The Labour Hire Authority (LHA) will deliver over 20 information sessions across Victoria to help the sector prepare for the new labour hire licensing scheme.
Delivered in March and April, the information sessions will spell out labour hire provider obligations for Victorian operators and outline how to get ready for 29 April 2019. Labour hire providers will have six months from this date to apply for a licence.
To be granted a licence, providers will be required to pass a ‘fit and proper person test’, show compliance with workplace and labour hire laws, meet minimum accommodation standards, as well as report annually on their activities.
There are also information sessions for labour hire hosts, as they are an important part of the process and liable for penalties if non-compliant with the scheme.
Find out more information on the Labour Hire Authority website.
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