Horticulture hosts

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If your horticulture business pays another business to provide workers to pick, pack or plant fruit or vegetables, you’re probably a labour hire host. 

Labour hire workers may also sort, label, grade, thin, prune or spray plants, or undertake other activities.  

Labour hire hosts must only use workers from licensed labour hire providers – having applied for a licence is not sufficient. 

Host businesses that engage an unlicensed labour hire provider can face penalties exceeding:  

  • $630,000 for a corporation
  • $150,000 for an individual

Hosts also face disruption to their business if LHA finds an unlicensed provider has supplied workers to their farm.

Licensing helps to ensure labour hire businesses are run by fit and proper people and comply with their legal obligations – to protect workers and improve the integrity of the industry. 

Victoria’s labour hire law applies in all industries – for more information about labour hire licensing and host obligations, visit the Host page. 

As well as obligations under labour hire law, hosts can be liable for a provider’s contraventions under workplace and migration law, and they have a shared responsibility for workplace safety. 

Always check the labour hire licence

Hosts can take two quick actions to protect their business and support LHA in working towards a fairer industry for businesses and workers: 

  1. Check the licence of any current providers on the Labour Hire Licence Register.

  2. Subscribe to be notified of any changes to a provider’s licence status using Follow My Providers. 

Engaging a new labour hire provider

Before engaging a new provider:

  • Check the provider is licensed using the Labour Hire Licence Register.
  • Do not rely on paper documentation – it could be fake or out of date.
  • Check the age of the provider’s company and their industry details.
  • Ask for evidence of provider’s company structure, hierarchy of control and contracting arrangements.
  • Confirm the business offering services is the same as the one on the Register:
    • Note who is named as running the business, including any nominated officers.
    • If the person approaching you is not one of those people, confirm their connection to the licensed provider and authority to act, and ask to see an identity document.
    • Contact the provider’s nominated officer using the details on the Register, to satisfy yourself that the person or business is the licensed provider.
  • Keep a record of these checks for reference. 

When engaging a new provider:

  • Sign a written contract that properly identifies who they are and ensures workers will be paid the correct wages and entitlements.
  • Include clear and specific expectations of the provider, including an obligation to advise of any subcontracting arrangements or changes to their business or licence status.
  • Set clear expectations that the provider must comply with all workplace laws 

For more information, please visit the Check a provider’s licence status page. 

Resources for hosts and stakeholders

Stakeholders who work with businesses in the horticulture industry can use the following materials – you may wish to post materials in your offices, provide them to businesses directly, or distribute them to your networks.

Report a problem

The Labour Hire Authority works with other state and commonwealth agencies to protect the rights of labour hire workers in Victoria.

You can help protect labour hire workers by reporting concerns or information about:

  • mistreated labour hire workers
  • unlicensed labour hire providers
  • hosts engaging unlicensed labour hire providers
  • unlawful behaviour or misconduct by labour hire providers.

If you would like to report a problem to LHA, please visit the Report a problem page.

Further resources