Labour Hire Licence: Which States Require One
A labour hire licence is required in Victoria, Queensland, South Australia and the ACT, but not in NSW, which has no labour hire licensing scheme. The biggest mistake is assuming one national rule applies, when the licence depends on the state where the work is done. This guide shows how to check a provider, what each state requires and what to keep on file, building on what is labour hire.
- Victoria, Queensland, South Australia and the ACT have labour hire licensing schemes, and NSW does not, according to the NSW Government in May 2026.
- Victoria's expanded fit and proper person and financial viability rules started on 1 June 2026, and newly covered South Australian providers had to hold a licence by 29 July 2026.
- A licence does not replace pay and safety duties: the provider employs the worker and pays at least the award, with super of 12% of ordinary time earnings.
- Check the state register before you use a provider, and keep a record of the check.
Labour hire licence: step by step
Follow these steps before a worker starts on your site. They work for host employers and for providers checking their own position.
- Identify the state or territory where the worker will actually do the work, since the licence rules follow the location of the work and not your head office.
- Check whether that jurisdiction has a licensing scheme: Victoria, Queensland, South Australia and the ACT do, while NSW has none.
- Ask the provider for its licence number and legal entity name, then match both against the official state register on a government website.
- Confirm the licence is current and covers the type of work and the state you need, and print or save the register result with the date.
- Record the check in your supplier file and set a reminder to repeat it before the contract renews or when the arrangement changes.
- Agree in writing that the provider will tell you immediately if its licence is suspended, cancelled or not renewed.
- Confirm who pays wages, super and workers compensation, and who inducts and supervises the worker, because these duties do not disappear with a licence.
Labour hire licence Victoria
Victoria was one of the first states to license providers. Its rules have tightened, so check current requirements on the state government website.
- Providers supplying workers in Victoria must hold a licence, and host businesses should only use licensed providers.
- Expanded fit and proper person and financial viability rules started on 1 June 2026, so providers face closer scrutiny.
- Check the public register for the provider's licence status before each new contract, and keep a dated copy.
- Remember that Victoria has its own long service leave law, the Long Service Leave Act 2018, with accrual of about 6.07 weeks after 7 years.
- Ask the provider how it handles pay, super and workers compensation for Victorian placements, and get it in writing.
Labour hire licence NSW and other states
The position outside Victoria varies. NSW has no scheme, but other employment, safety and insurance laws still apply.
- NSW has no labour hire licensing scheme and is working with other jurisdictions on a nationally consistent approach, according to the NSW Government.
- Queensland, South Australia and the ACT have licensing schemes, so check the register for work done in those places.
- Newly covered South Australian providers had to hold a licence by 29 July 2026, so confirm that a South Australian provider's licence is current.
- If workers move across borders in the same week, check the licence rules for each state where they work.
- In NSW, ask for proof of workers compensation cover and check the provider's reputation, references and policies, since there is no register to rely on.
Licensing duties for host employers and providers
Licensing sits alongside pay and safety law. Both sides still have to meet their own duties.
- Providers employ the worker, so they pay at least the award or national rate, which is $26.44 per hour from 1 July 2026 where no award applies.
- Casual labour hire workers on the national minimum get at least $33.05 per hour, which includes the 25% loading.
- Providers pay super of 12% of ordinary time earnings, and it must reach the fund within 7 business days of payday.
- Host employers and providers share work health and safety duties, so the host must induct, supervise and manage site risks.
- A Fair Work Commission regulated labour hire arrangement order may require the same pay as host employees in some cases.
Documents and records for licence checks
Keep a simple file for each provider. It proves you checked before the worker started.
| Document | Who keeps it | For how long |
|---|---|---|
| Licence register check, with date and licence number | Host employer | Keep for the life of the arrangement, and ideally for 7 years to match pay records |
| Service agreement with licence and insurance warranties | Host employer and provider | For the life of the arrangement and for as long as claims may arise |
| Time and wage records | Provider as employer | 7 years |
| Payslips, issued within 1 working day of payday | Provider as employer | 7 years |
| Signed timesheets from the host supervisor | Host employer and provider | 7 years |
| Induction and safety records | Host employer and provider | Keep as required by your safety procedures |
Common mistakes to avoid with licence checks
- Assuming a licence in one state covers work in another, when each scheme has its own rules.
- Accepting a licence number from the provider without checking it on the official register.
- Believing that a licence means the provider carries all safety duties, when the host still has to induct and supervise.
- Using an unlicensed provider in Victoria, Queensland, South Australia or the ACT because the price is lower.
- Failing to repeat the check when the contract renews or when the provider adds a new site.
- Treating workers as contractors to avoid licensing or pay duties, when the working relationship is employment.
When to get help with a labour hire licence
- Call the Fair Work Infoline on 13 13 94, or visit the Fair Work Ombudsman, if you suspect a labour hire worker has been underpaid.
- Contact the Fair Work Commission if you need to understand a regulated labour hire arrangement order.
- Check with the ATO if you are unsure whether super, tax or payroll reporting is being handled properly.
- Contact SafeWork NSW if there is a serious safety concern on a NSW site, and report incidents as required.
- Ask an employment lawyer or the state licensing authority to confirm the licence position before you sign a contract.
Labour hire licence FAQ
Do you need a labour hire licence in NSW?
No. NSW has no labour hire licensing scheme, according to the NSW Government. Providers must still meet pay, super, safety and insurance laws, and a NSW provider supplying workers into Victoria, Queensland, South Australia or the ACT may need a licence there.
Do you need a labour hire licence in Victoria?
Yes. Victoria has a licensing scheme, and expanded fit and proper person and financial viability rules started on 1 June 2026. Check the state register for the provider's current licence before you use it.
Which states have a labour hire licence scheme?
Victoria, Queensland, South Australia and the ACT. NSW is working with other jurisdictions on a nationally consistent approach. Check each state's rules, because requirements and registers differ.
How do you check a provider's labour hire licence?
Ask for the licence number and legal entity name, then search the official state register. Save the result with the date, confirm that the licence covers the work and state, and repeat the check at renewal.
Next step: check the licence before work starts
Confirm the state, check the register and write the result into your supplier file. This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. Return to what is labour hire, or talk to our team. Related reading includes construction labour hire, FIFO meaning, seasonal work, employer of record, how recruitment agencies work and the temp agency guide.