Horticulture labour hire licence conditions 2026

Last reviewed: 29 August 2026. This page is general information for horticulture hosts and workers, not legal advice. Conditions can be varied by LHA. Read the current licence and the official LHA pages before you rely on this summary.

The Labour Hire Authority (LHA) treats horticulture as a high-risk industry for labour hire licensing. From 1 June 2026, standard horticulture labour hire licence conditions apply to new horticulture licences. LHA says the same conditions will be rolled out progressively to existing horticulture licence holders from late 2026. See Changes to labour hire laws: what providers need to know.

Orchard Tech places labour in Victoria and New South Wales only. The conditions below are Victorian licensing conditions. New South Wales does not run a state labour hire licence. Award pay, records and safety duties still apply in NSW.

What the standard horticulture conditions include

LHA lists the standard conditions for new licences in horticulture, commercial cleaning, security, and meat and poultry processing as including:

• limitation on the supply of independent contractors
• provision of an LHA Information Sheet to all workers
• reporting obligations and restriction on the use of subcontractors to one tier only
• reporting obligations on the use of payroll service providers
• restriction on cash payments to workers and subcontractors, unless LHA grants a variation or an emergency payment (those payments still have reporting obligations)
• obligation to report a change in industry
• provision of PPE without charge
• for horticulture and meat and poultry processing only: obligation to comply with minimum accommodation standards when providing or procuring worker accommodation

LHA says failure to comply with licence conditions can lead to licensing action, up to cancellation, and legal action. It states that maximum penalties of more than $160,000 apply for non-compliance with licence conditions.

For hosts

• If a provider offers cash wages, a long subcontracting chain, or “independent contractors” doing the same work as employees, ask how that sits with the licence conditions.
• If you provide or arrange accommodation through the provider, ask how the horticulture accommodation standards are being met.
• Keep the provider’s licence number on the engagement paperwork. For Orchard Tech, the Victorian licence is VICLHL06235. Check it on the LHA register. The same number is on the employers page.

For workers

• You should receive the LHA Information Sheet. If you do not, ask for it.
• PPE required for the job should not be charged to you under these conditions.
• Cash pay is restricted. If you are asked to take cash off the books, that is a warning sign.
• Licensing conditions do not replace your hourly or piece-rate minimums under the applicable award or agreement. See fruit picker pay in Australia for Horticulture Award examples current at the date of that article.

The LHA business compliance plan

Separately from the horticulture conditions, LHA may request a business compliance plan when it assesses capacity to comply. LHA says:

• the plan must be specific to the industry, workforce and business model
• generic, templated or marketing-style business plans may not be accepted
• it should explain how compliance is built into day-to-day operations, not only list policies

At a minimum, LHA says a plan should address:

• business operating model (industry, workforce, hosts, use of subcontractors)
• how that model meets workplace, employment, tax, super, work health and safety, migration and labour hire laws in practice
• key compliance controls for that industry and model

Hosts who ask “do you have a compliance plan?” are asking about this LHA concept. It is an operational document, not a brochure. For the 1 June 2026 licensing changes that sit around the plan, see Victoria labour hire licensing changes 2026.

Coming later in 2026

LHA says further Act and regulation changes later in 2026 will clarify the definition of labour hire services, cover more supply-chain arrangements, and define specified construction activities as labour hire. Those items are not treated as in force on this page.

Frequently asked questions

Do these horticulture conditions already apply to every Victorian licence?

LHA applies them to new horticulture (and other listed high-risk) licences granted after 1 June 2026. It says it will roll the same conditions onto existing licence holders from late 2026. Always read the conditions on the register for the provider you are using.

Is a business compliance plan the same as a brochure?

No. LHA may request a plan that shows how the business actually operates. Generic templates and marketing copy may not be accepted.

Does this apply to a placement in New South Wales?

The licence conditions are Victorian. NSW has no state labour hire licence. Pay, records and safety duties still apply.

Sources checked 29 August 2026: Labour Hire Authority, Labour hire law changes 2026; LHA, Changes to labour hire laws: what providers need to know (10 June 2026). LHA Enquiries: 1300 545 200. This is not a substitute for reading the licence conditions on the register.