Queensland’s labour hire licensing scheme has achieved a significant number of successful prosecutions since its commencement. To date, there have been 27 prosecutions for offences against the Labour Hire Licensing Act 2017 (LHL Act) with fines imposed by the courts totalling $1.92 million. A recent and notable prosecution demonstrate the scheme’s effectiveness in enforcing the legislation.
Operator fined for illegally providing labour hire services in Mareeba
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 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 was 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. Magistrate Priestly 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 of 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.
