[2025] FWC 1499
Citation: [2025] FWC 1499
What happened
The Mining and Energy Union (MEU) applied for regulated labour hire arrangement orders (RLHA orders) under the Fair Work Act 2009 against WorkPac Mining Pty Ltd, SESLS Industrial Pty Ltd, and Skilled Workforce Solutions (NSW) Pty Ltd, concerning workers at the Maules Creek Coal Pty Limited mine near Narrabri, NSW. The orders relate to work performed under the Maules Creek Mine Enterprise Agreement 2023. SESLS Industrial Pty Ltd application was discontinued. WorkPac and Skilled oppose the application, arguing it's not fair and reasonable and Skilled also raised concerns about property acquisition. The MEU alleges similarities in work conditions and duties between labour hire workers and directly employed Maules Creek Coal employees. WorkPac and Skilled supply workers to Maules Creek Coal under supply contracts with Whitehaven Coal.
What was decided
The Fair Work Commission (FWC) has granted the two remaining applications for regulated labour hire arrangement orders against WorkPac and Skilled. The Commission found it *was* fair and reasonable to make the orders. Skilled raised concerns about property acquisition, but the Commission did not agree. The decision was based on the similarities in work performed, conditions, and equipment used by labour hire workers compared to directly employed employees, as well as the history of industrial arrangements and the relationship between the companies. The Commission considered submissions from all parties regarding the terms of any orders.
What it means for employers
Employers using labour hire arrangements should carefully consider the working conditions and pay rates of their labour hire workers in relation to directly employed staff. Significant disparities can lead to regulated labour hire arrangements being imposed, impacting costs and operational flexibility. Supply contracts and internal pricing structures should be reviewed to ensure compliance and avoid potential legal challenges.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1499.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →