Labour Hire Register In Australia: Essential Employer’s Compliance Guide

Stepping into the world of labour hire in Australia can open doors to significant growth - especially in sectors like construction, warehousing, cleaning, horticulture and healthcare.

But there’s a catch: several Australian jurisdictions regulate labour hire providers through licensing schemes and public registers. If you supply workers to other businesses, you may need to be licensed and appear on the labour hire register before you can legally operate (and your clients can be penalised if they use an unlicensed provider).

In this guide, we’ll walk you through what the labour hire register is, who needs to be on it, how to get licensed and listed, and the key legal documents and systems that help you stay compliant and build trust with clients.

What Is The Labour Hire Register - And Why Does It Matter?

A labour hire register is a government-managed list of licensed providers permitted to supply workers to host businesses in a regulated jurisdiction. The provider engages and pays the worker, while the host directs the worker’s day-to-day tasks.

The aim of these schemes is simple and important:

• Only reputable businesses operate in the sector
• Hosts and workers can verify that a provider is compliant
• Regulators can reduce exploitation, underpayments and sham contracting

In states and territories with a labour hire scheme, you generally need a licence and to appear on the public register before you supply workers. Hosts also share responsibility - engaging an unlicensed provider can attract penalties in regulated jurisdictions.

At a high level, you’re likely a labour hire provider if:

• You supply a worker to a host business to perform work for that host
• You (not the host) pay the worker
• The host directs and supervises the work

This captures traditional on-hired employees and agency temps, and can also catch some contractor and subcontractor supply models. There are narrow exclusions in some schemes (for example, certain secondments), so it’s worth getting tailored advice on your specific model before you start supplying workers.

Do You Need To Be On The Register In Your State Or Territory?

Labour hire licensing is jurisdiction-specific. Here’s a current snapshot to help you map your obligations before you engage or supply any workers across borders.

Where Licensing And Registers Apply

• Queensland (QLD): Labour hire licence + public register (Queensland Labour Hire Licensing Authority). You must be licensed before supplying workers in QLD. You can verify providers via the Authority’s website.
• Victoria (VIC): Labour hire licence + public register (Victorian Labour Hire Authority). Hosts are prohibited from using unlicensed providers.
• Australian Capital Territory (ACT): Labour hire licence + public register under the Labour Hire Licensing Act 2020 (ACT). Access Canberra is the responsible regulator (note: previous references to the “Office of Regulatory Services” are outdated).

Jurisdictions With Narrower Or Different Schemes

• South Australia (SA): Licensing applies to prescribed work only (e.g. certain cleaning, horticulture, meat/seafood processing and trolley collection). SA’s framework was not repealed; it was narrowed in scope in 2020. Check whether your work is prescribed before supplying.
• Western Australia (WA): WA does not currently have a dedicated labour hire licensing scheme. However, many operators may require an Employment Agent’s Licence under the Employment Agents Act 1976 (WA) if they “introduce” or “place” workers with hosts for reward. Whether you need this licence depends on your activities - for example, a business that purely on-hires its own employees may be treated differently to a placement agency. If in doubt, review WA’s Employment Agent licensing guidance and seek advice on your model.

States/Territories Without Labour-Hire-Specific Licensing

• New South Wales (NSW), Tasmania (TAS), Northern Territory (NT): No labour-hire-specific licensing scheme at the time of writing. Standard obligations under workplace laws, the Fair Work system and work health and safety (WHS) laws still apply to both providers and hosts.

Important: if you operate nationally, you’ll need to map obligations for each jurisdiction where you place workers - not just where your head office is located. Many providers hold multiple licences to cover QLD, VIC and ACT.

How To Get Licensed And Listed On The Labour Hire Register (Step-By-Step)

The licensing process is designed to test whether your business is compliant and capable of supplying workers safely and lawfully. While the detail varies by jurisdiction, the process typically follows these steps.

1) Confirm Whether Your Model Requires Licensing

• In QLD, VIC and ACT, most on-hire arrangements require licensing
• In SA, check whether you perform prescribed work
• In WA, assess whether your activities trigger the Employment Agent licensing regime

If you’re unsure whether you’re “supplying a worker” or “introducing/placing” workers, it’s wise to get advice before you go to market.

2) Prepare Your Business Information And Compliance Evidence

Regulators will ask for information about your structure, finances and operations, plus evidence that you comply with relevant workplace, safety, discrimination and privacy laws. Typical items include:

• ABN/ACN and key personnel details (including director IDs)
• Right to work checks, recruitment processes and induction materials
• WHS systems (policies, risk assessments and training records)
• Payroll systems and records for wages, entitlements and super
• Insurance certificates (e.g. workers compensation, public liability)
• Any adverse compliance history or enforcement action

Having clear, tailored documents helps. Many providers implement a written Workplace Policy suite and robust worker agreements early so they can demonstrate capability at licensing stage.

3) Lodge Your Application And Pay The Fee

You apply online with the relevant authority in each jurisdiction you intend to operate in. Application fees vary (often by your business size). Expect “fit and proper person” checks for key personnel, and assessments of your systems and track record.

4) Appear On The Public Register

Once granted, your licence details are published on the jurisdiction’s public register. Hosts can then verify your licence and scope before engaging you. If you operate across borders, ensure you hold a licence in each relevant state/territory.

5) Meet Ongoing Reporting, Renewal And Update Duties

Licences are not “set and forget.” You may need to submit periodic reports, renew annually and notify the regulator of changes (e.g. directors, business address, ABN, insolvency events). Put reminders in your calendar and keep your ASIC records up to date.

Your Ongoing Legal Obligations As A Labour Hire Provider

Licensing is only one part of compliance. Providers and hosts share duties across several areas of Australian law. Here’s a plain-English checklist of what to manage from day one.

Employment Law And Fair Work

• Pay at least the minimums under modern awards or the National Minimum Wage
• Provide National Employment Standards (NES) entitlements
• Use the correct engagement model (employee vs contractor)
• Keep accurate records and issue payslips on time

Getting pay and classification wrong is a common risk area. If you’re unsure which award applies or how to structure allowances and penalty rates, consider specialist award compliance support.

Work Health And Safety (WHS)

• Providers and hosts both owe WHS duties - consult, co-operate and coordinate
• Conduct risk assessments for roles and sites, and address hazards
• Ensure workers receive appropriate inductions, supervision and PPE
• Investigate and report notifiable incidents as required

Clear responsibilities between you and the host should be documented, and you should regularly review how risks are controlled at each site.

Anti-Discrimination And Equal Opportunity

• Recruitment, placement and management processes must comply with anti-discrimination laws
• Put in place policies for bullying, harassment and complaints handling

Privacy And Data Protection

• Handle candidate and worker personal information lawfully under the Privacy Act 1988 (Cth)
• Publish a clear Privacy Policy and use appropriate collection notices
• Secure records and have a plan to respond to data breaches if they occur

Consumer Law (Advertising And Representations)

• Ensure job ads and client marketing are accurate and not misleading or deceptive
• Represent skills, qualifications and availability truthfully

Tax And Superannuation (General Guidance)

• Operate PAYG withholding and pay superannuation on eligible payments
• Register for GST if required and issue compliant tax invoices

Note: Sprintlaw doesn’t provide tax or accounting advice. It’s best to confirm your PAYG, super and GST settings with your accountant or tax adviser to ensure you meet Australian Taxation Office requirements.

Western Australia - The Employment Agent Nuance

In WA, even though there isn’t a dedicated labour hire licensing scheme, you may need an Employment Agent’s Licence if your business “introduces” or “places” workers with hosts for reward. Whether you require this licence can depend on whether you employ and on-hire workers yourself, or whether you primarily operate as a placement agency. Review the state’s guidance and seek advice on your specific activities to avoid operating unlicensed.

Essential Legal Documents For Labour Hire Providers

Strong, tailored contracts and policies will help you pass licensing checks, manage risk and deliver a consistent experience for hosts and workers. The right suite varies by business, but many labour hire providers consider these core documents.

• Labour Hire Agreement: Sets the commercial terms with the host business, including scope of supply, rates, safety responsibilities, timesheets/approvals, insurances, invoicing, IP and confidentiality.
• Employment Contract: For on-hired staff (casual, part-time or full-time), covering pay, hours, rostering, site rules, confidentiality and restraints.
• Contractor Agreement: If you also engage independent contractors, clearly set out deliverables, safety obligations, rates and invoicing, and avoid sham contracting risks.
• Workplace Policies: WHS, bullying and harassment, complaints, fitness for work and drug/alcohol policies to support safe placements.
• Privacy Policy and Privacy Collection Notice: Explain how you collect, use and protect candidate and worker information.

Depending on your structure and growth plans, you may also need internal governance documents (for example, if you operate through a company, consider your constitution and shareholder arrangements), and industry-specific clauses for high-risk placements.

If you’re still deciding on your structure, it can help to weigh up the differences between a business name vs company name, and if you go down the company route, streamline the process with a professional company set up so you’re ready to apply for licences and engage clients.

Practical Tips To Stay Compliant And Build Trust

• Maintain clean records: timesheets, rosters, payroll, right-to-work checks and site inductions should be audit-ready
• Keep regulator and ASIC details current: notify changes to directors, addresses or ABNs promptly
• Educate managers and workers: short training on rights, entitlements and site safety goes a long way
• Be transparent with clients: share your licence status and safety processes upfront
• Calendar renewals and reporting: set reminders well before deadlines
• Review insurance: align coverage with the industries and risks you service

Useful Regulators And Registers

• Queensland Labour Hire Licensing Authority
• Victorian Labour Hire Authority
• Australian Capital Territory - Labour Hire Licensing (regulated by Access Canberra)
• South Australia - Labour Hire Licensing (for prescribed work)
• Western Australia - Employment Agent’s Licence

Key Takeaways

• In QLD, VIC and ACT you generally must hold a labour hire licence and appear on the public register before supplying workers.
• SA’s scheme continues for prescribed work only; WA may require an Employment Agent’s Licence depending on whether you introduce/place workers for reward.
• Hosts can face penalties for using unlicensed providers in regulated jurisdictions - always verify licence status on the relevant register.
• Compliance isn’t just licensing: you must meet Fair Work, WHS, anti-discrimination, privacy and consumer law obligations on an ongoing basis.
• Robust contracts and policies - like a Labour Hire Agreement, Employment Contracts and a Privacy Policy - help you manage risk and demonstrate capability.
• For tax and superannuation settings, work with your accountant; Sprintlaw can help you with the legal documents and compliance systems.

If you’d like a consultation on registering and setting up your labour hire business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.