Resources: News Alerts

News Alerts
|

First Regulated Labour Hire Arrangement Order

The first tranche of amendments to the Fair Work Act 2009 (Cth) pursuant to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) provided new powers to the Fair Work Commission to make a “regulated labour hire arrangement order”.

The first tranche of amendments to the Fair Work Act 2009 (Cth) (FW Act) pursuant to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023(Cth) provided new powers to the Fair Work Commission (FWC) to make a “regulated labour hire arrangement order”.

These amendments, known more widely as “same-job, same pay” laws were intended to ensure that labour employers who supply labour to a host employer pay their employees no less than the rate that they would be paid if they were directly employed by the host employer.

The Full Bench of FWC recently made the first regulated labour hire arrangement order following an application by the Mining and Energy Union (MEU) (see Application by the Mining and Energy Union [2024] FWCFB 299)

The MEU’s application for an order was in respect of labour hire employees working at a black coal mine operated by Batchfire Callide Management Pty Ltd (Batchfire). WorkPac Pty Ltd and WorkPac Mining Pty Ltd (WorkPac) provided labour hire employees to Batchfire who worked at the Callide black coal mine.

Both employees of Batchfire and WorkPac who worked at the mine performed the same production work, were required to attend the same pre-start meetings on a daily basis, wear the same uniform belonging to Batchfire, were required to comply with Batchfire’s operating procedures, were rostered on the same rosters, and took breaks and annual leave at times determined by Batchfire.

The Full Bench was satisfied that the application made by the MEU met the requirements under section 306E of the FW Act and accordingly was required to make the regulated labour hire arrangement order. The order will provide WorkPac is to pay no less than the rate of pay which is derived from the Callide Mine Union Enterprise Agreement 2021 to its employees performing work for Batchfire at the mine from 1 November 2024.

Information provided in this news alert is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

Similar articles

Sole trader convicted and fined for WHS breach resulting in death of worker

In a recent decision of the NSW District Court, a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth), which resulted in workers being exposed to a risk of death or serious injury.

Read more...

Drafting commences for a harmonised labour hire regulation scheme

Earlier this month, Australia’s Industrial Relations Ministers agreed to produce a model for a harmonised labour hire regulation scheme by the end of October 2023.

Read more...

Full Bench quashes order to reinstate labour hire employee to host employer

Host with the most

In the unfair dismissal jurisdiction, where it is found by the Fair Work Commission (FWC) that an employee has been unfairly dismissed, the primary remedy under the Fair Work Act 2009 (Cth) (FW Act) is for the employee to be reinstated to the position they held immediately prior to their dismissal or another position on no less favourable terms.

Read more...

ICYMI: Fair Work Act 2009 (Cth) August 2024 Changes

A number of amendments were made to the Fair Work Act 2009 (Cth) which commenced on 26 August 2024. A brief summary of the changes are set out here for those who may have missed them.

Read more...

Model Delegates’ Rights Terms in Modern Awards

Amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), required modern awards to include a term that provides for the exercise of the rights of workplace delegates. Amendments to the Fair Work Act 2009 (Cth) introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), required modern awards to include a term that provides for the exercise of the rights of workplace delegates.

Read more...

Portable long service leave scheme introduced for community service sector in NSW

On 20 June 2024, the New South Wales Parliament passed the Community Services Sector (Portable Long Service Leave) Bill 2024 introducing a new portable long service leave scheme for workers in the community service sector.

Read more...

Let's talk

please contact our directors to discuss how ouR expertise can help your business.

We're here to help

Contact Us
Let Workplace Law become your partner in workplace law and sports law.

Sign up to receive the latest industry updates with commentary from the Workplace Law team direct to your inbox.