[2025] FWC 866
Citation: [2025] FWC 866
At a glance
- Employees affected
- 233
- Awards cited
- MA000037
What happened
The Mining and Energy Union (MEU) sought a regulated labour hire arrangement order under the Fair Work Act 2009 concerning Skilled Workforce Solutions (NSW) Pty Ltd (Skilled) and Mt Arthur Coal Pty Limited (BHP). Skilled supplies labour to BHP's Mt Arthur coal mine, with Programmed Skilled Workforce Ltd (Programmed) contracted to supply haul truck operators. Skilled employees perform similar work to BHP employees, using the same equipment, training, and safety procedures. Donna Davy, a Skilled employee who later transitioned to BHP, received higher pay and benefits after joining BHP. Jeremy McWilliams, a union representative, highlighted pay discrepancies between Skilled and BHP employees. Skilled and BHP opposed the order's form, arguing it extended beyond the presented case.
What was decided
The Fair Work Commission made a regulated labour hire arrangement order. The Commission rejected Skilled and BHP’s arguments that the order should be narrowed. The order came into force on 7 March 2025. The Commission based its decision on evidence from MEU witnesses, including Donna Davy, Jeremy McWilliams, and Mr Johnson, who described the working conditions and pay differences between Skilled and BHP employees. BHP and Skilled did not cross-examine these witnesses.
What it means for employers
Employers using labour hire arrangements should ensure equitable pay and conditions for all workers performing similar roles, regardless of their employer. It is important to consider the potential for regulated labour hire arrangements and to ensure that any such arrangements are clearly defined and aligned with Fair Work principles.
What it means for employees
Employees working through labour hire companies should be aware of their rights and entitlements, and compare their pay and conditions with those of directly employed counterparts performing similar work. Unions can play a vital role in advocating for fair treatment and improved working conditions for labour hire workers.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc866.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 →