Renew a labour hire licence

Through your licence renewal 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 renewal 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 renewal application being delayed or refused. Significant penalties also apply for providing false or misleading information to LHA.

Before starting your renewal application

The renewal application must be submitted by your current nominated officer, this is the person responsible for the day-to-day running of your labour hire business.

1. If you need to change your nominated officer or add relevant persons, you will need to do this in the Labour Hire Licensing Online (LHLO) portal before you start your renewal application. These changes cannot be made during the renewal process.
2. 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.
3. Gather all required information and documents in electronic form, and log in to the LHLO portal.
4. Ensure you have funds available to cover your renewal application fee and annual fee. The renewal application fee is non-refundable – it covers the cost of assessing your renewal application.

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

If you receive a message in the LHLO portal saying you cannot renew at this time and you would like to discuss your situation, call LHA on 1300 545 200 or email enquiries@labourhireauthority.vic.gov.au

This section outlines the information you will need to provide in your licence renewal 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 renewal application being delayed or refused. Significant penalties can also apply for providing false or misleading information to LHA.

To submit your renewal 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

The renewal form on the portal will list all relevant persons currently on your licence. Check that the list is accurate. You can remove anyone who is no longer a relevant person.

If you need to add a relevant person, exit the renewal form and add them through the LHLO portal first, then return to the renewal.

Previous history and fit and proper person

You will need to answer questions about whether you, any relevant persons, or any businesses you or a relevant person are an officer of, have had certain compliance, legal or financial matters in the past 5 to 10 years.

These questions cover serious criminal offences, breaches of workplace or labour hire laws, insolvency, and licence cancellations.

If you answer yes to any question, you will be asked to provide more information. LHA will review your answers and may ask for additional information. You are responsible for making reasonable enquiries to ensure the information you provide is accurate.

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

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
• 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

LHA may request that you provide a copy of your business compliance plan at any date in the future that explains:

• how your labour hire business operates
• how that operating model ensures 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 initial licence application, LHA may request that you provide one at any date in the future.

Log in to your LHLO portal account and select the Renew button. The renewal form will guide you through each section. You can save and close at any time and return later.

At the top of each page in the form, a progress bar shows which sections are complete, incomplete, or not yet started. Use it to track where you are up to.

It is important that all details in the application are correct and current – penalties may apply for knowingly providing incorrect information.

Fees

You must pay the renewal application fee when lodging your renewal application, otherwise LHA cannot progress your application.

If your application is successful, you will also need to pay your first annual licence fee when your renewal is granted. Future annual fees are due at the start of each 12-month period until the licence expires.

Renewal fees can be paid through the LHLO Portal using:

• Visa or Mastercard (credit or debit)
• BPAY

If you are unable to pay using these methods, contact our Finance Branch at least four weeks before your licence expires to discuss your options via admin@labourhireauthority.vic.gov.au.

False and misleading information

It is an offence under section 87 of the Labour Hire Licensing Act 2018 (Vic), to provide information or to produce a document to LHA that is false or misleading.

Disclosing a prior incidence of non-compliance won’t necessarily result in your renewal application being refused.

However, if you knowingly provide false or misleading information you could receive a substantial fine and your renewal application for a licence could be refused, or a licence that is granted could be cancelled.

Once you submit your renewal application, it will appear on the public register of Received Labour Hire Applications. Your current licence remains active while your renewal application is being assessed.

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

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

You can withdraw your renewal application at any time before a decision is made by contacting LHA. The renewal fee will not be refunded.

If your renewal application is approved

You will:

• receive an SMS and email notification to check your LHLO account
• receive your licence certificate

If your renewal application is refused

You will:

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

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