These offences have a maximum penalty of three years imprisonment or a fine.
The scheme helps users of labour hire and workers find a licensed labour hire provider through the labour hire licensee register.
An avoidance arrangement is an arrangement that is designed to circumvent or avoid the requirement to have a licence to supply workers. The offence occurs if the person involved knows or should reasonably know that it is an avoidance arrangement.
An example of an avoidance arrangement is if a user of labour hire enters into an arrangement for the supply of workers and characterises the arrangement in contractual documents as something other than labour hire.
The scheme imposes strong penalties to deter labour hire providers and users from entering into arrangements which might benefit one or both and which undermines the integrity of genuine labour hire arrangements.
The Act requires that as a condition of holding a labour hire licence, the licensee is compliant with relevant laws.
LHLCU works with other enforcement agencies to investigate matters of alleged non-compliance. If a provider is found to have breached these laws, the LHLCU may take action in relation to the licence, including suspension or cancellation of a licence.
How we inspect and investigate
The LHLCU is committed to protecting labour hire workers and supporting licensed labour hire providers.
All licence applications are reviewed using appropriate risk based compliance approaches.
LHLCU work with other State and Commonwealth Government departments to share information and conduct joint compliance activities as permitted by law.
A formal investigation may also be started in response to significant allegations or issues regarding:
fitness and propriety
failure to provide six monthly reports
non-renewal of a licence
referring an alleged breach of a relevant law.
As all decisions made are evidence based, our inspectors may ask for details about the operation of the labour hire business and its compliance with relevant laws during an audit or investigation.
During an audit or investigation our inspectors may:
inspect your workplace
interview persons (e.g. workers)
seize items of evidence
require certain documents to be provided (such as worker's terms and conditions of employment or wage books).
What happens after an audit or investigation?
If an audit or investigation finds that a licence holder has breached the Act or relevant laws, depending on the circumstances their licence may be cancelled or suspended. If this occurs, the business must immediately stop supplying workers.
The LHLCU may also make a recommendation for legal proceedings. Legal proceedings may be taken where an inspector has obtained sufficient evidence and it is in public interest to respond to the issue of non-compliance.
Outcomes of successful prosecutions for offences may also be published to draw attention to the consequences of non-compliance and the need for fairness in workplaces.
In less serious cases, a licensee may receive education, or have conditions imposed on their licence to allow them to address the issue of non-compliance without requiring the business to cease operation.
How to challenge decisions
An application for a review or an appeal maybe sought against a decision made by the LHLCU, including a decision to refuse a licence, attach a condition to a licence, or cancel or suspend a licence.