LHA alleges that labour hire company Honey Bunny Global Pty Ltd subcontracted work to seven unlicensed labour hire providers, and that the company’s director, Surawadee Tanchote, was knowingly concerned in, or a party to the contravention.
The alleged contravention carries maximum penalties of more than $590,000 for a company and $145,000 for an individual — the highest monetary penalties applicable under the Labour Hire Licensing Act 2018 (Vic).
Under the act, the same maximum penalties apply whether a business provides unlicensed labour hire services, or engages another company to provide unlicensed services.
“Any business attempting to hide unlawful behaviour through subcontracting is on notice — the Labour Hire Authority has sophisticated capabilities, we will identify you, and we will take action against you,” Labour Hire Licensing Commissioner Steve Dargavel said.
The prosecution is the latest in a series of recent LHA compliance and enforcement actions in Victoria’s horticulture industry, including:
- The largest ever total penalty for breaches of labour hire law in Australian history issued against a horticulture company and its director in December 2022, following a successful prosecution.
- Proceedings filed in the Supreme Court of Victoria in May 2023, alleging a company provided workers to pick fruit and vegetables in Victorian regions without a labour hire licence.
- Licensing actions taken against businesses operating in a range of Victorian regions.
The actions are part of an expanded program of compliance and enforcement by the regulator, targeting significant harms to workers and high-risk industries including horticulture, meat and poultry processing, commercial cleaning and security.
Under the Labour Hire Licensing Act 2018 (Vic), labour hire providers operating in Victoria must be licensed, and host businesses must only use licensed providers. The legislation was introduced following findings of widespread exploitation and unlawful activity in Victoria’s labour hire sector.
Businesses can check whether a labour hire provider is licensed, and subscribe to be notified of any changes in licence status, on the LHA website: labourhireauthority.vic.gov.au
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