Does Your Cleaner Need a Labour Hire Licence? Seven Common Set-Ups in Victoria
This week we have covered what changed in Victoria's labour hire law in 2026, the fines for hosts, how to check a licence and subcontracting. The question we are asked most is the simplest one: does my cleaner actually need a licence?
The answer depends on who does the cleaning and where. The examples below follow the scenarios in the Labour Hire Authority's (LHA's) own guidance for the cleaning industry. They are a general guide, not legal advice. If your arrangement is unusual, check with the LHA or your adviser.
The test in one line
A business that supplies workers to clean commercial premises is providing labour hire and needs a licence. Commercial premises is a broad term. It covers offices, shops, restaurants, factories, schools, medical centres, kindergartens, childcare centres, gyms and construction sites.
Since 1 October 2026, the test asks whether an arrangement has the character of labour supply, and a licence is needed at any point in the supply chain.
Seven set-ups
1. A cleaning company sends its staff to your office or clinic
Licence needed. This is the standard labour hire arrangement in cleaning, and it is what most commercial cleaning contracts look like. You, as the host, must only use a licensed provider.
2. A sole trader who cleans your premises personally, alone
Usually no licence. The LHA's example is a sole trader who personally does commercial and domestic cleaning. She is not supplying workers. She is the worker.
The catch: the moment that sole trader sends a helper, a relative or a "friend who covers on Fridays", they are supplying a worker. Ask what happens when they are sick or on holiday.
3. A one-person company whose director does all the cleaning
Usually no licence. The LHA gives the example of a company whose sole director personally cleans kindergartens and medical centres and does not supply other workers. The same catch applies as with the sole trader. Once someone else turns up, check again.
4. A company that only cleans private homes
No licence for that work. Domestic cleaning in private residences is outside the commercial cleaning scope. If the same business also cleans a strata office, a shop or a home-based clinic that operates as a business, look again.
5. A specialist service using its own people, equipment and premises
Often no licence. The LHA's example is a commercial laundry that collects linen and washes it on its own premises with its own staff and equipment, delivering a defined result. That is a service, not a supply of labour. A carpet or upholstery business that takes items away to its own plant may be similar.
Specialists who work on your site, such as window cleaners or carpet cleaners, are different. The LHA treats cleaning a commercial building's windows as cleaning commercial premises. Check their licence.
6. Your cleaning company subcontracts your site to another business
Both need a licence. The cleaner you contract with, and the subcontractor that actually supplies the workers, each need to be licensed. Since 1 October 2026 this also catches intermediaries that do not employ anyone themselves. See the subcontracting post for the contract clauses that keep this visible.
7. You employ your own cleaner directly
No labour hire. If the cleaner is on your payroll, there is no provider and no host. Your usual employer obligations apply instead: the award, super, workers' compensation and safety.
Be careful with "independent contractor" arrangements that look like employment. Whether someone is an employee depends on the real relationship, not the label. That question is separate from labour hire licensing and worth getting advice on.
A quick decision table
| Who does the cleaning | Where | Licence? |
|---|---|---|
| Staff of a cleaning company | Commercial premises | Yes |
| Subcontractor's staff | Commercial premises | Yes, both businesses |
| Sole trader, personally and alone | Commercial premises | Usually no |
| One-director company, director alone | Commercial premises | Usually no |
| Anyone | Private homes only | No |
| Specialist at their own premises, own staff and gear | Off-site | Often no |
| Specialist cleaners on your site (windows, carpets) | Commercial premises | Yes |
| Your own employee | Your premises | No (not labour hire) |
If you are unsure
Two things settle most cases:
- Ask the cleaner directly whether they hold a Victorian labour hire licence, and if not, why they believe they do not need one. A legitimate sole trader will have a clear answer.
- Search the LHA register by ABN. If the business has a licence, it will be there. Our licence-checking guide shows how.
Where we stand
Star Shining Facility Solutions supplies cleaning teams to commercial premises, which is set-up 1, so we hold a Victorian labour hire licence for commercial cleaning. You can find us on the LHA register. We clean offices, clinics, childcare centres and fitness centres across Melbourne and in every state. See office cleaning Melbourne, medical cleaning Melbourne, or ask for a walkthrough.