Document ID: chunk:federal_register_of_legislation:C2025C00150:section:306e:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 306E (pt 1/3)
Character Range: 819655–822341

306E  FWC may make a regulated labour hire arrangement order

Regulated labour hire arrangement order
 (1) The FWC must, on application by a person mentioned in subsection (7), make an order (a regulated labour hire arrangement order) if the FWC is satisfied that:
 (a) an employer supplies or will supply, either directly or indirectly, one or more employees of the employer to perform work for a regulated host; and
 (b) a covered employment instrument that applies to the regulated host would apply to the employees if the regulated host were to employ the employees to perform work of that kind; and
 (c) the regulated host is not a small business employer.
Note: The FWC may make other decisions under this Part which relate to regulated labour hire arrangement orders: see Subdivisions C (short‑term arrangements) and D (alternative protected rate of pay orders) of this Division, and Division 3 (dealing with disputes).
 (1A) Despite subsection (1), the FWC must not make the order unless it is satisfied that the performance of the work is not or will not be for the provision of a service, rather than the supply of labour, having regard to the matters in subsection (7A).
 (2) Despite subsection (1), the FWC must not make the order if the FWC is satisfied that it is not fair and reasonable in all the circumstances to do so, having regard to any matters in subsection (8) in relation to which submissions have been made.
 (3) For the purposes of paragraph (1)(a), it does not matter:
 (a) whether the supply is the result of an agreement, or one or more agreements; or
 (b) if there are one or more agreements relating to the supply—whether an agreement is between:
 (i) the regulated host and the employer; or
 (ii) the regulated host and a person other than the employer; or
 (iii) the employer and a person other than the regulated host; or
 (iv) any 2 persons who are neither the regulated host nor the employer; or
 (c) whether the regulated host and employer are related bodies corporate.
Note: If related bodies corporate with different corporate branding do not provide labour to each other, a regulated labour hire arrangement order cannot be made because labour is not supplied in the way mentioned in paragraph (1)(a).
 (4) For the purposes of paragraph (1)(b), in determining whether a covered employment instrument would apply to the employees, it does not matter on what basis the employees are or would be employed.

Regulated employee and host employment instrument
 (5) An employee referred to in paragraph (1)(a) is a regulated employee.
 (6) The covered employment instrument referred to in paragraph (1)(b) is a host employment instrument.

Who may apply