Marcico Pty Ltd fined for providing labour hire services to Bowen farm without a licence

The Office of Industrial Relations has successfully prosecuted a North Queensland labour hire contractor that lied about having a licence to supply farm workers.

A North Queensland company has been fined $60,000 for providing labour hire services to a Bowen farm without a licence.

At a Bowen Magistrates Court hearing on Tuesday, Marcico Pty Ltd was found guilty of breaches under the Labour Hire Licensing Act 2017.

Office of Industrial Relations prosecutor Jason Gibbons told the court the offence was particularly sinister as the defendant was fully aware of the licensing requirements, having twice made an application.

The company was also specifically advised not to provide labour hire services while its application for a licence was being processed.

The Labour Hire Licensing Unit’s investigations revealed Marcico’s conduct in breaching the law was ongoing and resulted in a significant turnover for the business.

The court heard $139,011.60 in invoices had been provided as evidence.

The court heard workers in the horticultural labour hire industry are especially vulnerable as they are primarily overseas citizens that enter Australia on visas with limited english and a limited knowledge of Australian workplace rights and laws. Generic image

The offending occurred between November 22 and December 19, 2019 when Marcico provided workers for a fruit and vegetable farm in Bowen trading under the name Whatimsaid.
At the time, Marcico did not hold a licence with its second application also refused in July 2020.

In sentencing, Magistrate James Morton noted the defendant had openly flouted the law, which was intended to protect vulnerable workers.

“The defendant was well aware of the scheme and advised of their obligations, and deliberately and knowingly conducted their labour hire service without compliance with the legislation and made false representations that they were licensed,” Mr Morton said.

“It is a deceitful act, and even though an audit process was undertaken that did not deter the defendant.”

Marcico, which did not attend the hearing, has three months to pay the $60,000 fine.

No convictions were recorded.