Supplying workforce data to LHA

Most labour hire providers fall within the general definition of labour hire under the LHL Act. Under this definition, the labour hire provider is the employer/principal of the workers, and supplies their workers to a host. 

There are two types of workers: 

• employees
• independent contractors.

The LHL Act applies to both types of labour hire workers. 

When providing LHA with workforce data, general labour hire providers must include all employees and independent contractors: 

• who were employed/engaged by the labour hire provider
• that the labour hire provider supplied to a host
• the workers either performed work in Victoria, or they worked under a labour hire arrangement that was made in Victoria.

General labour hire providers should not include employees or independent contractors that they sourced from another labour hire provider (a subcontractor) for on-supply to a host in their workforce data. This is because each labour hire provider is responsible for reporting their own workforce data to LHA.

There are two other types of labour hire under the LHL Act: 

• recruitment and placement services
• contractor management services.

Under these types of labour hire, the labour hire provider does not employ or engage the labour hire workers directly. Instead, the labour hire provider either: 

• recruits or places the workers (employees or independent contractors) with a host, and provides or procures accommodation for the workers
• recruits or places independent contractors with a host, and manages the independent contractor’s contract performance. 

Under these arrangements, the host employs/engages the workers directly. 

When providing LHA with workforce data, recruitment and placement and contractor management labour hire providers must include: 

• for recruitment and placement services, all employees and independent contractors that the labour hire provider recruited or placed with a host, that the labour hire provider also provided or procured accommodation for
• for contractor management services, all independent contractors that the labour hire provider recruited or placed with a host, where the labour hire provider also managed the independent contractor’s contract performance
• the workers either performed work in Victoria, or they worked under a labour hire arrangement that was made in Victoria.

Workers engaged as an employee and an independent contractor

Each year, labour hire providers are required to provide the same four categories of workforce data for the previous 12 months: 

• Total number of workers: this is the total number of workers who were either engaged as: 

• • an employee
  • an independent contractor
  • as both an employee and an independent contractor (at different times)
  • during the 12-month period.

• Total number of employees: this is the total number of workers who were engaged only as an employee during the 12-month period
• Total number of independent contractors: this is the total number of workers who were engaged only as an independent contractor during the 12-month period.
• Total number of workers engaged as both an employee and independent contractor: a worker can only be engaged as an employee or an independent contractor at any one time. In this field, labour hire providers are required to report the total number of workers who were at different times during the 12-month period, engaged as an employee and an independent contractor.

Example: If a labour hire provider originally engaged a worker as an independent contractor and subsequently converted them to an employee, the labour hire provider would report this worker to LHA in this category of the workforce data.

Total number of employees
+ total number of independent contractors
+ total number of both

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= Total number of workers

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