An unlicensed sole trader has been successfully prosecuted by the Queensland Labour Hire Licensing Compliance Unit (LHLCU) in the Mareeba Magistrates Court for breaches of the Labour Hire Licensing Act 2017 (Qld) (LHL Act).
The local provider pled guilty to charges of illegally supplying fruit pickers and labourers to two farms in the Mareeba region for a period of approximately three months without holding a labour hire licence and were fined $25,000.
During the proceedings, the court was informed that the sole trader did not have a valid workers’ compensation policy and did not ensure appropriate entitlements, like superannuation, were paid to workers.
In delivering the sentence, Magistrate Priestly emphasised that, despite having been warned that a licence was required to provide workers to farms, the sole trader had wilfully disregarded the law relating to both licensing and workers’ compensation laws–legislation designed specifically to protect vulnerable workers. The Magistrate noted that the provision of labour hire services by unlicensed providers disadvantaged licenced operators by undercutting them, and therefore deterrence was necessary.
Queensland’s pioneering labour hire licensing scheme continues to raise standards across the industry and offers essential protections against exploitation for vulnerable workers. The $25,000 fine issued in this prosecution is a reminder that businesses and individuals who attempt to exploit labour hire workers face serious consequences under the law.
The LHLCU is responsible for regulating and ensuring compliance with Queensland’s labour hire licensing scheme (the scheme). Since the scheme commenced in 2018, there have been 27 successful prosecutions resulting in penalties totalling $1,920,000 imposed by the courts.
For more information on Queensland’s Labour Hire Licensing Scheme go to www.labourhire.qld.gov.au