Do your clients require assistance in relation to the Labour Hire Licensing Act 2018 (Vic)?

The Labour Hire Licensing Act 2018 (Vic) (LHL Act) is still a relatively new piece of legislation. As such, there is still a high degree of uncertainty amongst business operators on whether the LHL Act applies to them, and how the LHL Act applies in practice. As is often the case with new legislation, such uncertainty is often clarified over time, as a number of test cases are dealt with by the Courts.

Your clients do not want their businesses to be a test case! It is therefore important that your clients understand how to manage the obligations and risks that arise in connection with the LHL Act.

Your clients should more particularly consider whether they fall within the scope of the LHL Act, and therefore need to be licensed on the basis that they are labour hire provider, if they are engaging labourers to carry out work for them on a contract basis in manual industries such as cleaning, construction, farming, wine production, and so on.

Our skilled Commercial Lawyers are able to assist your clients in assessing how the LHL Act applies to them, and in managing the risks and obligations that arise in connection with the LHL Act.

In particular, our Commercial Lawyers are able to assist your clients in the following way:

• We are able to review your client’s business model and general situation, for the purpose of forming a view on whether your clients need to be licensed under the LHL Act on the basis that they are a labour hire provider;
   
• In the event that your clients are already applying for a license pursuant to the LHL Act, we are able to prepare a matrix which addresses management of the relevant compliance obligations for the purpose of their Business Plan, as required by the Labour Hire Authority pursuant to section 23 of the LHL Act;
   
• In the event that your clients are a labour hire provider and don’t yet have any documentation in place, we are able to draft a Contractors Agreement, organisational policies and other relevant documentation for your clients, for the purpose of assisting them in managing the risks and compliance obligations associated with the LHL Act;
   
• We are able to have a conference with your clients for the purpose of  conducting a detailed review and having a detailed discussion about the following matters:
   

1. your clients’ business model and situation more generally;
    
2.  the obligations imposed by the LHL Act;
    
3.  the risks associated that arise in connection with the LHL Act;
    
4.  assisting your clients in formulating a risk management strategy for the purpose of managing risks and obligations that arise in connection with the LHL Act; and
    

• Prepare a detailed matrix for your clients, for the purpose of documenting their risk management strategy in relation to the risks and obligations that arise in connection with the LHL Act.
   

Please do not hesitate to contact the Commercial Law team's Patrick Toscano, Associate, to discuss this further.

Written by RNG Lawyers Associate, Patrick Toscano.

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