Penalties of $91,000 for Queensland business and director who advertised unlicensed

7 August 2025
Penalties of $91,000 for Queensland business and director who advertised unlicensed

The Magistrates’ Court of Victoria has issued penalties totalling $91,000 to an unlicensed labour hire company and its director, following legal action by Victoria’s Labour Hire Authority (LHA).

Queensland-based company Gobally Talent Group Pty Ltd (Gobally) had advertised for labour hire workers to pick grapes in Mildura, and to work in abattoirs in Stawell, Horsham and the Grampians.

The advertisements were published on Facebook and Gobally’s website, and were primarily directed towards Indonesian or Taiwanese working holiday visa holders.

The Court found Gobally contravened the Labour Hire Licensing Act 2018 (Vic) by not holding a Victorian labour hire licence when advertisements were published between February and September 2024.

“It doesn’t matter where your company is based – if you want to supply labour hire workers in Victoria, we need to check you’re fit and proper, and not set up to exploit workers or undercut lawful local businesses,” said Labour Hire Licensing Commissioner, Steve Dargavel.

The company was penalised $74,000 and company director Sheng-Yao Ho was penalised $17,000 for involvement in the contraventions.

Under the Act, it is unlawful for individuals or organisations without a licence to advertise labour hire services in Victoria or hold themselves out to be a labour hire provider.

The case was the first prosecution for advertising unlicensed labour hire services in Victoria.

“This should send a clear message – whether you have provided unlicensed labour hire services, or simply advertised them, we can and will take action against you,” Commissioner Dargavel said.

“Labour hire businesses who do the right thing can be confident that LHA will take action against businesses seeking to undercut them unlawfully.”

The Court also found Gobally was aware of the requirement to hold a licence, as the company had applied for a Victorian labour hire licence in April 2024 after the advertisements were published.

The company’s licence application was refused.

Targeting high-risk horticulture regions

The Fair Work Ombudsman (FWO)’s recently published Horticulture Compliance Report named several Victorian regions as having particularly poor compliance issues, including Mildura, where Gobally advertised labour hire services.

Since being established in 2019, LHA has taken more compliance and enforcement action against labour hire businesses in horticulture than in any other industry area.

In July, LHA undertook unannounced site visits to citrus growers in Mildura, identifying a range of alleged non-compliance.

Inspectors also visited worker accommodation and identified potential overcrowded or substandard accommodation. LHA has referred details of the accommodation to relevant agencies and will investigate the providers involved.

LHA will continue its investigations into these matters, which may lead to licensing and/or enforcement action. Compliance and enforcement operations in high-risk Victorian regions highlighted in the report will continue.

Only advertise if you have an active licence

To comply with the Act, a valid labour hire licence must be in place whenever labour hire services are advertised. 

This may include:

  • television and radio advertisements
  • newspapers and other publications
  • flyers in mailboxes of homes or businesses
  • paid and organic posts on social media platforms
  • an active website promoting services
  • posting to online community message boards and pages. 

To avoid risking serious penalties, providers should be aware of anywhere they are advertising services and at three key times:

  • When applying for a licence – apply at least three months before intending to start advertising services, allowing time for the application to be processed.
  • When renewing a licence – submit renewal applications up to six months ahead of expiry.
  • If a licence status changes – ensure all labour hire advertising ceases, including updating any websites or social media pages.

Use LHA tools to check for a valid licence

Businesses that engage providers should use the tools on the LHA website to ensure providers have a valid licence:  

For more information on the obligations for host businesses in horticulture, visit Horticulture hosts.