Apply for a labour hire licence

Through your licence application, the Labour Hire Authority (LHA) assesses the capacity of your business, and its decision-makers, to comply with the Labour Hire Licensing Act 2018 (Vic).

To support this assessment, you need to provide a range of information, documents and declarations in your application, as your business’s ‘nominated officer’.

It is important that the information you provide is clear, complete and correct. Missing or incorrect information can result in your application being delayed or refused. Significant penalties also apply for providing false or misleading information to LHA.

Before starting your application

1. Ensure you meet the requirements to be your business’s ‘nominated officer’.
2. Ensure you understand – and can comply with – your obligations as a labour hire provider under the Act. This is important, as significant penalties apply for non-compliance. For a summary of these obligations, visit LHA’s Provider page.
3. Read this page in full, noting the information you and others in your business need to provide, and identifying any areas where you may need external input or advice.
4. Gather all required information and documents in electronic form, and create an account in the Labour Hire Licensing Online (LHLO) portal.
5. Ensure you have funds available to cover your application fee and first annual fee. The application fee is non-refundable – it covers the cost of assessing your application.

You will complete the licence application and provide all documents via the LHLO portal – you do not need to print anything.

You can apply for a labour hire licence as a sole trader, company, incorporated organisation, partnership, or a trustee on behalf of a trust. You will apply as either:

• an established labour hire business – such as businesses that already provide labour hire services interstate; or
• a new labour hire business – including new businesses and existing businesses that intend to start providing labour hire services

This section outlines the information you will need to provide in your licence application.

This information enables LHA to assess the capacity of your business, and its decision-makers, to comply with the Labour Hire Licensing Act 2018 (Vic).

As your business’s ‘nominated officer’ you will need to provide information about:

• the business and its relevant persons
• existing licences and registrations
• the workers you intend to supply
• your plan for compliance
• the business’s financial viability

It is important that the information you provide is clear, complete and correct. Missing or incorrect information can result in your application being delayed or refused. Significant penalties can also apply for providing false or misleading information to LHA.

To submit your application, you will need to declare that:

• all relevant persons are fit and proper
• the business has, and will continue to, comply with all relevant laws
• the business is financially viable
• all reasonable inquiries have been made about the information provided

Your business and its relevant persons

You will need to provide the following details about your business and its relevant persons:

• name and email address for any relevant persons, noting all relevant persons must verify their identity by providing identity documentation
• ABN and all registered business name(s) that you are, or will be, using
• business address, postal address and phone number
• accountant's details (if applicable)
• projected turnover, or turnover for the previous financial year if already trading

Licences and registrations

You will need to provide information, and relevant documents, relating to your business’s existing licences and registrations.

This includes information on whether your business is registered with:

• the Australian Taxation Office for Goods and Services Tax (GST), Pay As You Go (PAYG) withholding and Fringe Benefits Tax (FBT)
• the State Revenue Office (SRO) for payroll tax
• WorkSafe Victoria for WorkCover (supply Certificate of Currency, if applicable)

You must also provide information about:

•  any labour hire licences you hold from other Australian jurisdictions
• whether your business is recognised as a Group Training Organisation, and if you employ apprentices
• a health and safety plan that demonstrates your compliance with the Occupational Health and Safety Management Systems requirements of WorkSafe Victoria

For a body corporate, you will also need to supply a copy of the Certificate of Incorporation (or Certificate of Registration) with the Australian Securities and Investment Commission (ASIC).

For an unincorporated association, you will need to supply the Certificate of Registration, either:

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

Worker information

You will need to provide information about the workers your business intends to supply, including:

• the industries you operate or intend to operate in
• the approximate number of workers (see the Worker Numbers page for more details)
• whether you provide accommodation or transport as part of your service

You will also need to tell us about any workers on visas, and the specific industrial instruments – such as modern awards or enterprise agreements – that currently, or will, cover your workers. For enterprise agreements, you will need to confirm whether the agreement has been approved by the Fair Work Commission.

Before completing this section, it helps to have:

• a list of the industries your business operates in or intends to operate in
• the name and details of each Modern Award or enterprise agreement that will cover or currently covers your workers
• details of any workers on visas, including the visa subclasses held
• the number of labour hire workers you supplied in the last 12 months (for established businesses) or the number of labour hire workers you anticipate supplying in the next 12 months (for new businesses)
• how many of those workers will be/were employees, independent contractors, or both
• information around piecework agreements that you use or intend to use
• information about incentive payments that you use or intend to use

Compliance plan

If you are intending to conduct a new labour hire services business, you will need to provide a copy of your business compliance plan that explains:

• how your labour hire business will operate in practice
• how that operating model will ensure compliance with all the relevant legislation set out in section 23(1A) of the Act

The plan must be specific to your industry, workforce and business model – generic, templated or marketing-style business plans may not be accepted. Your plan should explain how compliance is built into day-to-day operations, not simply list policies or legal obligations.

At a minimum, your plan should address:

• business operating model (industry, workforce, hosts, use of subcontractors)
• how this model meets legal obligations in practice, including workplace, tax, super, WHS, migration and labour hire laws
• key compliance controls relevant to your industry and business model

If you have not been requested to provide a business compliance plan as part of your licence application, LHA may request that you provide one at any date in the future.

Financial viability

You will be asked to declare that your business is financially viable – meaning it has the means to pay its debts when they are due and payable.

You must provide bank statements and the names of all signatories for each of your business’s bank accounts. You must also upload financial documents to support the assessment of your capacity to meet your obligations.

New businesses will be asked to provide financial documents such as projected profit and loss. Established businesses will be asked to provide documents such as:

• profit and loss statements
• cash flow statement
• balance sheets
• company tax return
• statement of account for the business’s integrated client account

LHA undertakes a range of checks to ensure that people involved in running labour hire businesses in Victoria are fit and proper to do so.

To support these assessments, you will need to provide information about your business’s:

• nominated officer – the person responsible for running the business
• relevant persons – anyone who plays a significant part in making business decisions
• close associates – anyone else who substantially influences you or the business

More detail is provided below regarding each of these roles within your business. It is important that you include details of every relevant person and close associate. Any missing or incorrect information may result in your application being delayed or refused. Significant penalties also apply for providing false or misleading information to LHA.

Legal and compliance history

You will need to provide a range of information and declarations about the personal and professional history of the people involved in running your business.

The information requested will depend on your responses to the questions in the application form, but may include a range of details and supporting documentation such as court orders, tribunal decisions, or correspondence from a regulator.

It is critical that you – and all relevant persons – provide complete and correct information regarding legal and compliance history. LHA undertakes a range of checks through intelligence holdings and partner agencies – if relevant information is identified which has not been provided, this may negatively impact a licensing decision.

LHA may consider factors such as the following for each person:

• character – integrity, honesty and professionalism
• criminal history, such as any indictable offences within the past 10 years, or pending criminal charges
• labour hire licence history, such as applications refused, conditions imposed, and any licences suspended or cancelled
• compliance with legal obligations, as evidenced by investigations or regulator and court findings related to contraventions of a workplace law, labour hire law, minimum accommodation standard, taxation or other relevant laws
• financial and corporate history, such as personal insolvency, bankruptcy, director disqualification, company administration or liquidation
• other legal matters, such as infringement notices, enforceable undertakings, migration law sanctions, and certain anti-discrimination findings

Nominated officer

The nominated officer is the person responsible for running the business – this may be a sole trader, an officer of a body corporate, or another senior decision-maker.

As well as completing the licence application, the nominated officer is LHA’s contact with the business for critical legal and compliance matters, so it is important that this person:

• understands a business’s operations, its relevant persons and close associates
• works within the business, not as an external adviser such as an accountant
• can respond and make timely decisions as required, such as in response to critical notices

If you are under 18 or are unsure whether you are eligible to apply for a licence as a business’s nominated officer, contact LHA. You cannot apply if either:

• your labour hire licence was cancelled in the last 2 years (unless this was at your request)
• your application was refused in the last 3 months, including if you appealed and the original decision was upheld

Relevant persons

Your application must include details of everyone who runs or helps to make decisions in your business. The Act refers to these people as ‘relevant persons’.

Relevant persons include directors (including shadow and de facto directors), company secretaries, nominated officers, and any other people who participate in making decisions that affect the whole or a substantial part of the business. External advisers like accountants and lawyers do not need to be included.

It is important that you include everyone who meets the definition of a relevant person in your business.

All licence applications are subject to LHA checks to identify undisclosed relevant persons. If it is identified that you have not disclosed a relevant person, this will delay your application processing and may result in refusal.

Input from relevant persons

Your business’s relevant persons will each need to provide information for your application to be submitted, so you may wish to advise them ahead of time regarding this process.

Once you add each relevant person to your application, they will receive a secure email link – valid for 7 days – to complete their section of the form.

Each relevant person will need to:

• Verify their identity – either through Service Victoria’s digital identity portal, or by providing certified copies of identity documents (see LHA’s Proof of identity page)
• Complete a criminal history consent, including details of any driver or firearm licences they hold
• Declare any relevant personal history (see ‘Fit and proper person requirements’ below)

Close associates

You will be asked whether you or the applicant are under the control of, or substantially influenced by, another person or body corporate who is not already listed as a relevant person. You must answer this question even if the answer is no.

A close associate might be a shareholder or investor in your business, an external adviser whose guidance you routinely follow without forming your own view, or a spouse or relative who exercises substantial influence over you. It does not include people already listed as relevant persons.

A close associate may also include the holding company of a subsidiary, where there is a relationship of control or influence under the Corporations Act 2001 (Cth).

If you have close associates to declare, you will need their contact details and a description of the nature of your relationship and how they influence you or the business. For organisations, you will also need their ABN and ACN or ARBN.

LHA may conduct checks to identify undisclosed close associates. Failure to disclose may result in delays or refusal of your application.

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

Within 14 days of your application being published on the register, interested persons can lodge an objection. If no objections are received, LHA will check to ensure your application is complete and all documents have been provided.

LHA then assesses your application in line with the requirements of the Act. This involves a range of checks relating to your business and its relevant persons, and can include consultation with other local, interstate and federal agencies.

LHA assesses most applications within 60 days. More time can be required where further information or investigation is needed.

If your application is approved

You will:

• receive an SMS and email notifications to check your LHLO account
• receive your licence certificate
• be required to pay your annual licence fee

If your application is refused

You will:

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

Prior to your licence being granted

You must not provide labour hire services, advertise that you provide them, or enter into arrangements for labour hire services until your licence has been granted.

Penalties for operating without a licence are significant, exceeding $650,000 for a company or $160,000 for an individual, per contravention.

For more information, please visit the Penalties page.

Once your licence is issued, you will automatically receive LHA News – our monthly newsletter.

For further information for labour hire providers, about LHA and the licensing scheme, visit the Provider page.

Related links

• Resources page
• Licence fees and costs
• Online Portal