Victorian Labour Hire Licensing Scheme

The Victorian labour hire licensing scheme is supported by the Labour Hire Licensing Act 2018 (Vic) (Act) and the Labour Hire Licensing Regulations 2018 (Vic) (Regulations). The key purpose of the scheme is to establish a business licensing system to regulate the provision of labour hire services and, in turn, protect vulnerable labour hire workers from exploitation. The scheme will also help to improve the transparency and integrity of the labour hire industry. 

The introduction of the scheme follows the report of the Independent Inquiry into the Labour Hire Industry and Insecure Work

The Labour Hire Authority is responsible for administering the scheme.

Labour Hire Licensing Regulations 2018 (Vic)

The Regulations were made on 23 October 2018. The Regulations support the scheme in a number of ways, such as through the inclusion and exemption of persons from the operation of the Act, by setting out the form of notices under the Act, by setting out certain labour hire licence requirements such as fee amounts and by recognising corresponding laws and schemes which may be relied on by the Labour Hire Authority.

The Regulations will come into operation when the remaining provisions of the Act come into force.

The Regulations incorporated feedback from the public consultation process on the exposure draft Labour Hire Licensing Regulations (exposure draft Regulations) and Regulatory Impact Statement (RIS) and have been updated as a result. 

Submissions made during public consultation on exposure draft Regulations and Regulatory Impact Statement

The public consultation period for the exposure draft Regulations under the Act and RIS was held from 7 August to 5 September 2018.

Included below is a numbered list of the submissions made as part of the public consultation process. Submissions provided on a confidential basis have not been added to this website: 

Submission Number

Submitter

1

South Australian Wine Industry Association Incorporated (SAWIA) Submission 1 SAWIA (DOCX 31.56 KB)DOCX icon

2

Australian Security Industry Association Ltd (ASIAL) Submission 2 Australian Security Industry Association Ltd ASIAL (PDF 205.48 KB)PDF icon

3

Uniting Church in Australia Synod of Victoria and Tasmania Submission 3 Uniting Church (DOCX 21.15 KB)DOCX icon

4

Apprenticeship Employment Network (AEN) Submission 4 AEN (DOCX 96.23 KB)DOCX icon

5

Victorian Group Training Company Limited Submission 5 Victorian Group Training Company Ltd (PDF 668.22 KB)PDF icon

6

Skillinvest Limited Submission 6 Skillinvest Limited (PDF 167.83 KB)PDF icon

7

MEGT (Australia) Ltd Submission 7 MEGT (DOCX 27.38 KB)DOCX icon

8

Confidential

9

Victorian Chamber of Commerce and Industry Submission 9 Victorian Chamber (PDF 618.67 KB)PDF icon

10

Confidential

11

Consult Australia Submission 11 Consult Australia (PDF 955.69 KB)PDF icon

12

Victorian Farmers Federation Submission 12 Victorian Farmers Federation (DOCX 112.18 KB)DOCX icon

13

Australian Municipal Administrative Clerical and Services Union (ASU) Victorian Private Sector Branch Submission 13 ASU Victorian Private Sector Branch (PDF 148.73 KB)PDF icon

14

NECA Education & Careers Ltd Submission 14 NECA (PDF 2316.5 KB)PDF icon

15

Victorian Registration and Qualifications Authority (VRQA) Submission 15 VRQA (DOCX 30.77 KB)DOCX icon

16

Payne's Farm Contracting Pty Ltd Submission 16 Paynes Farm (DOCX 22.93 KB)DOCX icon

17

Tabcorp Holdings Limited Submission 17 Tabcorp Holdings (PDF 207.88 KB)PDF icon

18

Central Highlands Group Training Incorporated trading as BGT Jobs + Training Submission 18 Central Highlands (DOCX 36.69 KB)DOCX icon

19

John George, J and S George trading as Working Hostels Mildura Submission 19 John George (DOCX 25.82 KB)DOCX icon

20

Job Watch Inc Submission 20 Job Watch (PDF 381.69 KB)PDF icon

21

AGA Apprenticeships Plus Submission 21 AGA (PDF 368.96 KB)PDF icon

22

Law Institute of Victoria Submission 22 Law Institute of Victoria (PDF 695.52 KB)PDF icon

23

Confidential

24

Recruitment & Consulting Services Association (RCSA) Submission 24 RCSA (DOCX 25.08 KB)DOCX icon

25

CVGT Australia Submission 25 CVGT (DOCX 22.56 KB)DOCX icon

26

Confidential

27

Gforce Employment Solutions Submission 27 Gforce (DOCX 25.62 KB)DOCX icon

28

Goulburn Murray Group Training trading as The Apprenticeship Factory Submission 28 Goulburn Murray Group (DOCX 36.9 KB)DOCX icon

29

Law Firms Australia Submission 29 Law Firms Australia (DOCX 36.54 KB)DOCX icon

30

Confidential

31

Masters Builders Association of Victoria Submission 31 Master Builders (DOCX 386.67 KB)DOCX icon

32

Housing Industry Association Ltd Submission 32 Housing Industry (PDF 751.71 KB)PDF icon

33

Association of Professional Staffing Companies Australia Ltd (APSCoAu) Submission 33 APSCoAu (DOCX 25.05 KB)DOCX icon

34

National Union of Workers (NUW) Submission 34 NUW (DOCX 53.98 KB)DOCX icon

35

Confidential

36

Aged and Community Services Australia (ACSA) Submission 36 ACSA (DOCX 20.8 KB)DOCX icon

37

Victorian Trades Hall Council (VTHC Submission 37 VTHC (DOCX 177.32 KB)DOCX icon)

38

Ai Group Submission 38 Ai Group (PDF 787.17 KB)PDF icon

39

Flexi Personnel Submission 39 Flexi Personnel. (PDF 578.94 KB)PDF icon

Response to Public Submissions on the Exposure Draft Labour Hire Licensing Regulations 2018

The Department of Economic Development, Jobs, Transport and Resources has prepared a response to public submissions on the exposure draft Regulations. 

The response begins with a global introduction and sets out the submissions received. It then tables the relevant questions or pieces of feedback, lists the submissions that made comments, summarises the issues raised and ends with the Victorian Government's response. 

Exposure Draft Regulations and Regulatory Impact Statement

The documents that were the subject of the public consultation period will remain on this webpage temporarily.

The exposure draft Regulations were accompanied by the RIS which was prepared by Deloitte Touche Tohmatsu. The RIS examined the economic and social impacts, costs and benefits of the exposure draft Regulations.

Amongst other things, the RIS reviews the options to apply the laws to an expected 1,300 businesses in Victoria in the most effective and efficient manner including options to reduce the regulatory burden on small businesses. The RIS also examines options to ensure that individuals performing certain types of activities in the industries of commercial cleaning, horticulture, meat manufacturing and processing are protected by the scheme.

List of Questions

The exposure draft Regulations were accompanied by a list of questions to help facilitate the feedback process. 

Act commencement information

The Act received Royal Assent on 26 June 2018. Certain administrative provisions have now been proclaimed to commence operation from 27 June 2018. These will support implementation of the Act.

Licensing is not yet in force. Compliance obligations for labour hire providers and users, including those relating to licensing, are not expected to begin before early 2019. The commencement date for these obligations will be announced well in advance. This will include information about the transition period for applying for a licence.

The provisions that have been proclaimed are:

  • Part 1 - deals with the general provisions and core concepts of the Act.
  • Part 4 - provides for the establishment of the Labour Hire Authority, the Commissioner and the Acting Commissioner.
  • Part 7, Divisions 2, 4, 5 - provide for, respectively, secrecy provisions, the issue of guidelines for persons with obligations under the Act, the making of Codes of Practice and the making of Regulations.
  • Part 9 of the Act - provides for consequential amendments to the Public Administration Act 2004 (Vic).

None of the proclaimed provisions relate to compliance obligations on providers of labour hire services or users of labour hire services/hosts of labour hire workers.

In the coming months, an extensive information and education campaign about obligations under the scheme will commence. 

Contact

Please email the Labour Hire Authority if you have queries about the Victorian labour hire licensing scheme at enquiries@labourhireauthority.vic.gov.au.