Labour Hire Licensing Regulation 2021

Unless subsection (3) or (4) applies, an application for a licence must state if, in the previous 5 years, the applicant—

had an application for a licence refused under a labour hire law; or

held a licence under a labour hire law that was cancelled or suspended, or for which conditions were imposed; or

was subject, under a labour hire law, to—

regulatory action, even if the action is under review or appeal; or

a court or tribunal proceeding; or

another form of discipline or investigation in relation to the applicant’s conduct; or

was convicted, or found guilty, of an indictable offence; or

was convicted, or found guilty, of an offence against a workplace law or standard; or

was—

the subject of a complaint under an anti-discrimination law; or

convicted, or found guilty, of an offence against an anti‑discrimination law; or

was—

the subject of a WHS undertaking accepted by the regulator under the Work Health and Safety Act 2011 or a corresponding undertaking under a corresponding WHS law; or

the subject of a civil proceeding under the Work Health and Safety Act 2011, division 6.3 or a corresponding proceeding under a corresponding WHS law; or

served with an infringement notice for an infringement notice offence against the Work Health and Safety Act 2011 or the Work Health and Safety Regulation 2011 or a corresponding notice for an offence against a corresponding WHS law; or

entered into an enforceable undertaking under the Fair Work Act 2009 (Cwlth) in relation to the contravention of obligations about employee payments and entitlements and protections; or

was found to have contravened the Fair Work Act 2009 (Cwlth) in relation to obligations about employee payments and entitlements and protections; or

if the applicant is an individual—had action taken against them under the Migration Act 1958 (Cwlth) in relation to—

the applicant being a visa holder; or

the supply of a worker who is a visa holder; or

if the applicant is a corporation—had action taken against an influential person for the corporation under the Migration Act 1958 (Cwlth) in relation to—

the influential person being a visa holder; or

the supply of a worker who is a visa holder.

An application for a licence must also include information about the applicant’s financial capacity to meet its obligations under workplace laws or standards including the applicant’s capacity to pay the workers to be supplied by the applicant the wage, allowances, superannuation contribution and other payments to which the workers are entitled.

The applicant need not state the matters mentioned in subsection (1), or include the matters mentioned in subsection (2), if the applicant—

holds a licence under another labour hire law; and

gives the commissioner evidence that the licence is not the subject of any regulatory action under that law.

The applicant is taken to be a suitable person if the applicant holds a licence under another labour hire law and the licence is not the subject of any regulatory action under that law (see Act, s 28 (3) (b)).

The commissioner may, by written notice, require the applicant to provide more information reasonably needed to decide the application (see Act, s 25).

The commissioner may decide that an applicant does not need to state the matters mentioned in subsection (1), or include the matters mentioned in subsection (2), if the commissioner is satisfied the applicant—

is a registered group training organisation; or

can otherwise demonstrate that the applicant is a suitable person to hold a licence.

In this section:

the Discrimination Act 1991; or

the Sex Discrimination Act 1984 (Cwlth); or

a law of a State or another Territory corresponding, or substantially corresponding, to a law mentioned in paragraph (a) or (b).