Labour hire provider fined tens of thousands
MONSTERSHIELD Pty Ltd has been convicted and fined $60,000 in the Emerald Magistrates Court for operating without a licence under the Labour Hire Licensing Act 2017.
The Labour Hire Licensing Queensland’s Compliance Unit was tipped off that Monstershield was providing workers for grape picking from November to January 2019 but didn’t hold an appropriate labour hire licence.
Monstershield had originally applied for a labour hire licence in Queensland but the application was withdrawn on 22 November, 2018 because the company failed to provide information about its compliance record. Monstershield was subsequently warned in writing it was not permitted to provide labour hire services in Queensland.
In sentencing, Magistrate Robert Walker noted the overriding purpose of protecting vulnerable labour hire workers and that the defendant had committed a serious offence, which struck at the integrity of the labour hire licensing scheme.
His Honour considered Monstershield’s behaviour in not responding to requests for information had been calculated to draw out the assessment of the application in order to continue operating for as long as possible and this was certainly an aggravating factor, along with a lack of co-operation with the investigation.
This is the third successful prosecution of an unlicensed provider in Queensland since the inception of the labour hire licensing scheme in April last year.
It is also a strong reminder for both providers and users of labour to ensure an appropriate licence is in place, as serious penalties apply.
Corporation’s face maximum fines of $400,350, while for individuals it’s almost $138,000 or three years imprisonment.