Document ID: chunk:federal_register_of_legislation:C2025C00150:section:306m:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 306M (pt 2/2)
Character Range: 855184–857178

requirement in section 306F, that the employer pay the regulated employee at no less than the protected rate of pay, to apply in connection with that work (including, for example, because the rate would be insufficient or would be excessive); and
 (b) there is a covered employment instrument of the kind referred to in paragraph (3)(a) or (b).
 (7) Before deciding whether to make the order, the FWC must seek the views of the following:
 (a) the employer;
 (b) the regulated host;
 (c) the employer to which a covered employment instrument to be specified in the order for the purposes of subsection (3) applies (if not the regulated host);
 (d) the employee;
 (e) employees to whom the covered employment instrument to be specified in the order for the purposes of subsection (3) applies;
 (f) organisations entitled to represent the industrial interests of any of the persons referred to in paragraphs (a) to (e).
 (8) In deciding whether to make the order, the FWC must have regard to:
 (a) whether the host employment instrument covered by the regulated labour hire arrangement order applies only to a particular class or group of employees; and
 (b) whether, in practice, the host employment instrument has ever applied to an employee at a classification, job level or grade that would be applicable to the regulated employee; and
 (c) the views (if any) of any persons or organisations mentioned in subsection (7);
 (d) the rate of pay that would be payable to the regulated employee in connection with the work if the order were made; and
 (e) any other matter the FWC considers relevant.

Exception for short‑term arrangements
 (9) In making an order under this section, the FWC must ensure that, if an exception in section 306G would apply to the requirement to pay the regulated employee at no less than the protected rate of pay, the exception also applies in relation to the requirement to pay the employee at the rate worked out under the alternative protected rate of pay order.