Labour Hire Agreement (Australia)
Labour Hire Licensing Acts (QLD, VIC, SA) — Fair Work Act 2009 s15A
This Labour Hire Agreement (the “Agreement”) is made on [Agreement Date] between:
[Host Name] (ABN [Host ABN], ACN [Host ACN]), of [Host Address], [Host City] [Host State] [Host Postcode] (the “Host Employer”); and
[Provider Name] (ABN [Provider ABN]), Labour Hire Licence Number [Provider Licence Number], of [Provider Address], [Provider City] [Provider State] [Provider Postcode] (the “Provider”).
The Host Employer and the Provider are referred to collectively as the “Parties”.
BACKGROUND
A. The Provider carries on a business of supplying labour hire workers to host employers.
B. The Host Employer wishes to engage the Provider to supply workers to perform work under the direction and supervision of the Host Employer at the Host Employer’s site.
C. The Parties acknowledge that under the Labour Hire Licensing Acts of Queensland, Victoria, and South Australia, the Provider must hold a current labour hire licence where workers are supplied in those states. Under the Fair Work Act 2009 (Cth) s15A, labour hire workers are employees of the Provider working at the direction of the Host Employer.
1. LABOUR HIRE LICENCE COMPLIANCE
1.1 Where the supply of workers under this Agreement is governed by the Labour Hire Licensing Act 2017 (QLD), the Labour Hire Licensing Act 2018 (VIC), or the Labour Hire Licensing Act 2017 (SA), the Provider warrants that it holds and will maintain a current labour hire licence throughout the term of this Agreement.
1.2 The Provider’s current labour hire licence number is: [Provider Licence Number].
1.3 The Provider must notify the Host Employer immediately in writing if its licence is suspended, cancelled, or lapses.
1.4 The Host Employer must not engage the Provider to supply workers if the Provider does not hold a current licence in the relevant state. The Host Employer acknowledges that hosting unlicensed providers in QLD, VIC, or SA constitutes a strict-liability offence that may attract significant penalties under the applicable Labour Hire Licensing Act.
2. SUPPLY OF WORKERS
2.1 The Provider agrees to supply workers to the Host Employer to perform the following roles and classifications: [Worker Roles].
2.2 The estimated number of workers to be supplied under this Agreement is: [Estimated Worker Numbers].
2.3 The Provider will use its best endeavours to supply workers with the skills, qualifications, and experience required by the Host Employer, as notified in writing from time to time.
2.4 The Provider retains the right to recall or reassign any worker from the Host Employer’s site, subject to providing reasonable notice where practicable.
3. EMPLOYMENT RELATIONSHIP
3.1 All workers supplied under this Agreement are employed by the Provider. The employment relationship is between the Provider and the worker. The Host Employer is not the employer of the labour hire workers.
3.2 The Provider is responsible for paying all wages and entitlements owed to workers under the applicable modern award, enterprise agreement, or the National Employment Standards under the Fair Work Act 2009 (Cth), including (without limitation) minimum wages, overtime, penalty rates, annual leave, personal/carer’s leave, and superannuation guarantee contributions at the current rate of 11.5% (2024–25).
3.3 The Provider is responsible for meeting all payroll tax, PAYG withholding, and workers’ compensation insurance obligations with respect to the workers it supplies.
3.4 The Host Employer must not represent to any worker that they are employed by the Host Employer, and must not make any promises of employment or take any disciplinary action against a worker other than by requesting the Provider to remove a worker from the Host Employer’s site.
4. TERM
4.1 This Agreement commences on [Commencement Date].
5. FEES AND PAYMENT
5.1 In consideration for the supply of workers, the Host Employer will pay the Provider at the following rate or in accordance with the following fee structure: [Charge Rate].
5.2 The Provider will invoice the Host Employer on a [Invoice Frequency] basis. Payment is due within [Payment Terms] of receipt of a valid tax invoice.
5.3 All amounts payable under this Agreement are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. Where GST is payable, the Provider will include a valid GST component in the tax invoice.
5.4 The Host Employer must not withhold or offset amounts owing to the Provider against any disputed amounts without the prior written agreement of the Provider.
6. WORK HEALTH AND SAFETY
6.1 Both Parties acknowledge that they are each a Person Conducting a Business or Undertaking (PCBU) under the Work Health and Safety Act 2011 (Cth) and the applicable [WHS State] WHS legislation, and each owes primary duties to ensure the health and safety of workers so far as is reasonably practicable.
6.2 The Host Employer has primary day-to-day responsibility for the health and safety of labour hire workers while they are working at the host site at [Host Site Address], and must:
(a) provide and maintain a safe work environment, safe plant and systems of work, and adequate welfare facilities; (b) provide labour hire workers with site-specific induction, information, instruction, training, and supervision; (c) consult with the Provider about WHS hazards and risks affecting labour hire workers at the host site; and (d) notify the Provider immediately of any workplace injury, incident, or dangerous occurrence involving a labour hire worker.
6.3 The Provider must: (a) assess whether it is safe to place workers with the Host Employer before commencing supply; (b) share relevant WHS information with the Host Employer; (c) maintain regular contact with labour hire workers to monitor their safety at the host site; and (d) cooperate with the Host Employer in managing WHS risks.
7. WORKERS’ COMPENSATION
7.1 The Provider is responsible for maintaining workers’ compensation insurance for all workers it employs and supplies under this Agreement, in accordance with the workers’ compensation legislation applicable in [WHS State] and any other state or territory in which workers are deployed.
7.2 The Host Employer must cooperate fully with the Provider and the relevant workers’ compensation insurer in managing any claim arising from an injury to a labour hire worker at the host site, including providing all relevant information and facilitating return-to-work obligations.
7.3 The Host Employer acknowledges that where an injury to a labour hire worker arises from the unsafe condition of the host site or a failure of the Host Employer to meet its WHS obligations, the workers’ compensation insurer may seek to recover costs from the Host Employer.
8. HOST EMPLOYER OBLIGATIONS
8.1 The Host Employer must not: (a) make any deduction from the wages of any labour hire worker; (b) require any labour hire worker to perform duties materially different from those described in clause 2 without the Provider’s written consent; (c) engage a labour hire worker as a direct employee during or within 3 months of the conclusion of their placement, without the Provider’s prior written consent (which shall not be unreasonably withheld).
8.2 The Host Employer must keep records of all hours worked by labour hire workers and provide accurate timesheets or records to the Provider in a timely manner for payroll purposes.
8.3 The Host Employer acknowledges that it must not engage in conduct that would constitute an underpayment or denial of entitlements to a labour hire worker, and that the Fair Work Act 2009 (Cth) wage theft provisions and state-based wage theft legislation may apply.
9. TERMINATION
9.1 Either party may terminate this Agreement by giving the other party [Notice Days] calendar days’ written notice.
9.2 Either party may terminate this Agreement immediately by written notice if the other party: (a) commits a material breach that is incapable of remedy, or fails to remedy a material breach within 7 days of receiving written notice; (b) becomes insolvent or subject to winding up; or (c) in the case of the Provider, loses or fails to maintain a required labour hire licence.
9.3 On termination, the Host Employer must pay all outstanding fees for workers supplied up to the date of termination. Termination does not affect accrued rights.
10. GENERAL PROVISIONS
10.1 Governing Law. This Agreement is governed by the laws of [Governing State], Australia. The Parties submit to the exclusive jurisdiction of the courts of [Governing State].
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the supply of labour hire workers and supersedes all prior representations and understandings.
10.3 Amendments. No amendment to this Agreement is effective unless it is in writing and signed by both Parties.
10.4 Severability. If any provision of this Agreement is void or unenforceable, it may be severed without affecting the validity of the remaining provisions.
10.5 Relationship of Parties. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the Parties.
EXECUTED as an Agreement on the date first written above.
HOST EMPLOYER
[Host Name]
ABN: [Host ABN]
Address: [Host Address], [Host City] [Host State] [Host Postcode]
PROVIDER
[Provider Name]
ABN: [Provider ABN]
Licence No: [Provider Licence Number]
Address: [Provider Address], [Provider City] [Provider State] [Provider Postcode]
Host Employer
________________
Signature
Date: ________________
Provider
________________
Signature
Date: ________________
What Is a Labour Hire Agreement (Australia)?
A Labour Hire Agreement in Australia sets out the duties, hours, pay, leave, and termination terms between employer and employee, consistent with the minimum entitlements guaranteed by the Fair Work Act 2009 (Cth).
Under Australian law, and following the reforms introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), the employment relationship in a labour hire arrangement is between the provider and the worker, not between the host employer and the worker. This is codified in s15A of the Fair Work Act 2009 (Cth). The provider is responsible as the employer for all payroll, superannuation, PAYG withholding, workers' compensation insurance, and compliance with modern awards and the National Employment Standards.
Three Australian states — Queensland, Victoria, and South Australia — operate mandatory labour hire licensing schemes that require providers to hold a current licence before supplying workers. The Labour Hire Licensing Act 2017 (QLD), Labour Hire Licensing Act 2018 (VIC), and Labour Hire Licensing Act 2017 (SA) each impose licensing obligations on providers and corresponding obligations on host employers to verify that providers hold a valid licence. Hosting an unlicensed provider in these states is a strict-liability offence attracting substantial financial penalties.
The Australia Labour Hire Agreement (Australia) Australian Labour Hire Agreement template documents the commercial arrangements between the provider and the host employer, including the supply of workers, charge rates, payment terms, WHS responsibilities, workers' compensation obligations, and termination provisions. It is designed to comply with all applicable Commonwealth and state labour hire legislation.
The legal framework governing the Labour Hire Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Parties executing a Labour Hire Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.
When Do You Need a Labour Hire Agreement (Australia)?
A Labour Hire Agreement is needed whenever a business in Australia engages a labour hire company to supply workers to perform work under the business's direction and supervision. The agreement is a fundamental document that protects both the host employer and the provider by clearly documenting their respective rights and obligations.
You need a Labour Hire Agreement in the following situations: when a business in Queensland, Victoria, or South Australia engages a labour hire provider and must verify and document the provider's current licence number; when a manufacturing, warehouse, construction, or logistics business needs to engage casual or temporary workers through a staffing agency for a short-term project or to cover seasonal demand; when a hospital, aged care facility, or healthcare operator engages nursing or allied health staff through a healthcare staffing agency; when a hospitality or retail business uses a labour hire firm to staff events or peak trading periods; and when a business wants to clearly allocate WHS responsibilities, workers' compensation obligations, and payroll obligations between itself and the provider.
The agreement is equally important from the provider's perspective. It documents the agreed charge rates, payment terms, invoicing arrangements, and conversion fee provisions. Without a written agreement, disputes about responsibility for worker injuries, underpayment claims, unpaid invoices, and licensing compliance are significantly harder to resolve.
Following the 'same job, same pay' amendments effective 1 November 2024, host employers with enterprise agreements and labour hire providers should review their arrangements carefully to assess whether regulated labour hire arrangement orders may apply, and confirm their charge rates and employment contracts reflect any uplift in pay obligations.
Parties in Australia should prepare a Labour Hire Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Labour Hire Agreement (Australia)
A well-drafted Australian Labour Hire Agreement must address several key elements specific to the Australian regulatory environment.
Licence compliance provisions are mandatory for arrangements in Queensland, Victoria, and South Australia. The agreement must identify the provider's labour hire licence number and include warranties by the provider to maintain a current licence throughout the arrangement. The agreement should also require immediate notification to the host employer if the licence is suspended or cancelled, and give the host employer the right to terminate immediately in that event.
The employment relationship must be unambiguously documented. The agreement must state clearly that the workers are employed by the provider, not the host employer, and that the provider is responsible for all payroll, superannuation guarantee (currently 11.5% in 2024-25), PAYG withholding, payroll tax, and workers' compensation insurance. This protects the host employer from inadvertently becoming liable as the employer and from sham contracting or misclassification risks.
Work Health and Safety responsibilities require careful allocation. Both the provider and the host employer are PCBUs with concurrent duties under the Work Health and Safety Act 2011 (Cth) and applicable state legislation. The agreement should clearly define the host employer's day-to-day WHS obligations at the host site — including induction, training, supervision, and hazard management — and the provider's ongoing WHS monitoring and consultation obligations.
The charge rate structure must be transparent and cover all employment oncosts. The charge rate paid by the host employer to the provider must be sufficient to cover the worker's wage plus superannuation, payroll tax, workers' compensation insurance premiums, and the provider's margin. Disputes about charge rates are common in labour hire arrangements and are best avoided by clear drafting.
A conversion fee clause protects the provider's commercial interest. Where the host employer wishes to directly hire a placed worker, the agreement should specify the conversion fee payable to the provider or the minimum notice period required. This clause is commercially standard and generally enforceable under Australian law.
Additional compliance elements for a Labour Hire Agreement (Australia) used in Australia include: Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Labour Hire Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/employment/contracts/labour-hire-agreement-australia
"Labour Hire Agreement (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/employment/contracts/labour-hire-agreement-australia.
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year = {2026},
howpublished = {\url{https://forms-legal.com/australia/employment/contracts/labour-hire-agreement-australia}},
note = {Free legal document template. Based on Fair Work Act 2009 (Cth)}
}Frequently Asked Questions
Three Australian states currently operate mandatory labour hire licensing schemes: Queensland (Labour Hire Licensing Act 2017 (QLD)), Victoria (Labour Hire Licensing Act 2018 (VIC)), and South Australia (Labour Hire Licensing Act 2017 (SA)). In these states, a provider must hold a current licence to lawfully supply labour hire workers, and a host employer commits a strict-liability offence by engaging an unlicensed provider. NSW, WA, Tasmania, NT, and the ACT do not currently have a dedicated labour hire licensing scheme, though labour hire arrangements in those jurisdictions are still regulated by the Fair Work Act 2009 (Cth), workers' compensation legislation, and WHS laws. Businesses operating across state borders must comply with the licensing requirements in each relevant state. Under Australia law, Fair Work Act 2009 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Under Australian law, and pursuant to s15A of the Fair Work Act 2009 (Cth) (as amended by the Closing Loopholes Act 2023), labour hire workers are employed by the labour hire provider, not the host employer. The provider is responsible for paying all wages, entitlements, superannuation (currently 11.5% in 2024-25), PAYG withholding, payroll tax, and workers' compensation insurance. The host employer directs and supervises the day-to-day work of the labour hire workers but is not their employer. This tripartite structure has significant implications for the National Minimum Wage Order, modern award obligations, and the application of enterprise agreements. From 1 November 2024, host employers in certain sectors may be required to ensure labour hire workers receive the same pay as directly employed workers under the 'same job, same pay' provisions introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023.
Both the labour hire provider and the host employer are Persons Conducting a Business or Undertaking (PCBUs) under the Work Health and Safety Act 2011 (Cth) and equivalent state and territory WHS legislation. The host employer bears primary day-to-day WHS responsibility for labour hire workers because those workers are under the host's direction and control at the host's workplace. The host employer must provide a safe work environment, safe plant, systems of work, and adequate welfare facilities; conduct site-specific inductions; provide information, instruction, training, and supervision; and immediately notify the provider of any workplace injury or incident. The labour hire provider retains concurrent WHS obligations, including assessing whether it is safe to place workers with a particular host and monitoring workers' safety through regular contact. Workers' compensation insurance obligations remain with the provider as employer. Safe Work Australia has published guidance specifically on the shared WHS obligations in labour hire arrangements.
The 'same job, same pay' provisions were introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth). From 1 November 2024, labour hire workers covered by a host employer's enterprise agreement may be entitled to receive at least the same pay rates as comparable directly engaged employees of the host employer, where an application is made to the Fair Work Commission for a 'regulated labour hire arrangement order'. The rules apply where the host has an enterprise agreement and uses labour hire workers to perform work that is the same as, or substantially similar to, work performed by employees covered by that agreement. The order is made by the Fair Work Commission and binds the labour hire provider to pay the higher rates. Host employers and providers should review the impact of these provisions on their existing labour hire arrangements and charge rate structures.
A host employer can hire a labour hire worker as a direct employee, but the labour hire agreement typically contains a restraint clause (often called a 'conversion fee' or 'introduction fee' clause) requiring the host employer to pay a fee to the provider if a worker is directly engaged within a specified period after the placement ends. Such clauses are commercially standard and generally enforceable under Australian contract law, provided they are reasonable in scope and duration. The host employer should obtain the labour hire provider's prior written consent before making any offer of direct employment to a placed worker. Attempting to circumvent a conversion fee clause by pressuring the worker to resign from the provider and then hiring them directly may expose the host to a claim for damages.
Under the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009, employers (including labour hire providers) must keep accurate employee records for 7 years. While the provider is the employer, the host employer must maintain accurate records of all hours worked by labour hire workers at the host site, including shift start and end times, breaks, and overtime, and provide these records to the provider promptly for payroll purposes. Failure to maintain accurate time and attendance records can result in underpayment of wages, penalties for the provider, and potential recovery action against the host employer under accessorial liability provisions. Under the Fair Work Act 2009 (Cth) s550, a person who is involved in a contravention (such as underpayment) can be held jointly and severally liable with the primary contravenor.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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