Guidelines for regulated labour hire arrangement orders

Regulated Labour Hire Arrangement Orders were introduced to the Fair Work Act 2009 (Cth) by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) on 15 December 2023. This empowers the Fair Work Commission to regulate pay rates for employees under certain labour hire arrangements. From 1 November 2024 the FWC can issue an order if a host employer has an employment instrument (e.g., an enterprise agreement) that would apply if the employees were directly employed. The employer must pay the employees at least the protected rate of pay outlined in the host employer’s agreement, provided specific conditions are met, including that the arrangement involves labour supply, not service provision.

To assist employers and others understand and comply with these changes, the FWC have published guidelines in relation to the operation of the regulated labour hire arrangement provisions. These guidelines can be accessed via the FWC’s website here.

Need More?

The Workplace Relations and Legal Team is here to assist with any questions relating to labour hire orders. For more information or assistance, please contact us at (02) 6175 5900.