Overview

The Victorian Labour Hire Licensing Scheme is a new business licensing system that protects vulnerable labour hire workers from exploitation and regulates the provision of labour hire services.

The Labour Hire Authority is responsible for administering the scheme. From 29 April 2019, labour hire businesses have six months, to 30 October 2019, to apply for a licence.

The scheme is supported by the Labour Hire Licensing Act 2018 (Vic) (Act) and the Labour Hire Licensing Regulations 2018 (Vic) (Regulations).

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

The Regulations

The Regulations were made on 23 October 2018. The Regulations support the scheme in several ways, such as:

  • the inclusion and exemption of persons from the operation of the Act
  • setting out the form of notices under the Act
  • setting out certain labour hire licence requirements such as fee amounts
  • recognising corresponding laws and schemes which may be relied on by the Labour Hire Authority.

The Regulations came into operation when the Act came fully force on 29 April 2019.

Public consultation

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

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

The Victorian Government issued 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.

All of these consultation documents can be downloaded from this webpage.

Regulatory Impact Statement

The Regulatory Impact Statement, prepared by Deloitte Touche Tohmatsu, examined the economic and social impacts, costs and benefits of the exposure draft Regulations.

The RIS reviewed 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 examined 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.

Submissions

Submissions are no longer available online. Please email Industrial Relations Victoria to request copies.

Submissions were received from:

  • South Australian Wine Industry Association Incorporated (SAWIA)
  • Australian Security Industry Association Ltd (ASIAL)
  • Uniting Church in Australia Synod of Victoria and Tasmania
  • Apprenticeship Employment Network (AEN)
  • Victorian Group Training Company Limited
  • Skillinvest Limited
  • MEGT (Australia) Ltd
  • Victorian Chamber of Commerce and Industry
  • Consult Australia
  • Victorian Farmers Federation
  • Australian Municipal Administrative Clerical and Services Union (ASU) Victorian Private Sector Branch
  • NECA Education & Careers Ltd
  • Victorian Registration and Qualifications Authority (VRQA)
  • Payne's Farm Contracting Pty Ltd
  • Tabcorp Holdings Limited
  • Central Highlands Group Training Incorporated trading as BGT Jobs + Training
  • John George, J and S George trading as Working Hostels Mildura
  • Job Watch Inc
  • AGA Apprenticeships Plus
  • Law Institute of Victoria
  • Recruitment & Consulting Services Association (RCSA)
  • CVGT Australia
  • Gforce Employment Solutions
  • Goulburn Murray Group Training trading as The Apprenticeship Factory
  • Law Firms Australia
  • Masters Builders Association of Victoria
  • Housing Industry Association Ltd
  • Association of Professional Staffing Companies Australia Ltd (APSCoAu)
  • National Union of Workers (NUW)
  • Aged and Community Services Australia (ACSA)
  • Victorian Trades Hall Council (VTHC)
  • Ai Group
  • Flexi Personnel