The commencement of the Victorian labour hire licensing scheme - A letter from the Commissioner

Authored By Developer

The Victorian labour hire licensing scheme will commence on 29 April 2019.

The Victorian Parliament passed the Labour Hire Licensing Act 2018 (the Act) following the Victorian Inquiry into Labour Hire and Insecure Work, which found significant evidence of exploitation of workers in the labour hire industry.

Labour hire is generally where one business provides labour to another business, but different industries may use other words to describe this arrangement. I strongly encourage you to check whether your business provides labour hire as defined in Victoria under the Act. There is information on our website to assist. If you are uncertain you may wish to seek independent legal advice.

This Act introduces a licensing scheme for all providers of labour hire. Its objectives are to protect labour hire workers from being exploited and improve the transparency and integrity of the labour hire industry.

The Act establishes the Labour Hire Licensing Authority to oversee the licensing system to regulate the provision of labour hire services, to ensure all Victorian labour hire providers are licensed and that users of labour hire only use licensed providers. 

An applicant for a labour hire licence must satisfy several tests including being a fit and proper person and compliance with existing workplace laws. Applications for a labour hire licence can be made from 29 April 2019 through the Labour Hire Authority website labourhireauthority.vic.gov.au.

The Act includes a six-month transition period to allow labour hire providers who make valid applications to continue to operate while their applications are being considered. The Authority website will publish details of applications received and a Register of Licensed Labour Hire Providers. 

The Authority will work in partnership with State and Commonwealth agencies to protect the rights of workers in Victoria.

For more information about the labour hire licensing scheme, to check provider obligations, register for one of our state-wide information sessions or subscribe to e-news updates, please visit labourhireauthority.vic.gov.au

APSCo Australia Members should ensure they have completed the no-cost Member benefit Business Verification Review. Many Queensland-based Members have used this service as part of their own labour hire licensing preparation, with great success.

As a first touch point for support, please contact the APSCo Assists Advice Line