[2025] FWCFB 134
Citation: [2025] FWCFB 134
What happened
The Mining and Energy Union (MEU) and the Australian Manufacturing Workers’ Union (AMWU) applied for regulated labour hire arrangement orders under section 306E of the Fair Work Act 2009. These orders aimed to apply to employees of OS ACPM Pty Ltd, OS MCAP Pty Ltd, WorkPac Pty Ltd, WorkPac Mining Pty Ltd, Ready Workforce Pty Ltd (a division of Chandler Macleod Pty Ltd), and Chandler Macleod Group Limited working at the Goonyella Riverside, Peak Downs, and Saraji mines in Central Queensland. The mines are operated by BM Alliance Coal Operations Pty Ltd (BMA) on behalf of the Central Queensland Coal Associates Joint Venture (CQCAJV), with BHP Group Ltd holding a significant interest. The applications were opposed by the respondent companies, raising concerns about the definition of 'provision of a service' versus 'supply of labour'. A hearing was conducted over nine days, with some evidence and submissions subject to a confidentiality order.
What was decided
The Full Bench is currently considering the applications for regulated labour hire arrangement orders. The Full Bench has acknowledged the submissions regarding the definition of 'provision of a service' versus 'supply of labour' and the fairness of making orders. The Full Bench has also considered the confidentiality orders sought by some respondents, balancing the need to protect commercially sensitive information with the public interest in transparency. The Full Bench has redacted some quantitative information from the decision while retaining summaries of contractual arrangements. An amended confidentiality order will be issued.
What it means for employers
Employers using labour hire arrangements should carefully consider the distinction between providing a service and supplying labour, as this is a key factor in determining whether regulated labour hire arrangement orders apply. The Fair Work Commission will assess the level of involvement in the work performed by the labour hire employees. Employers should be prepared to provide evidence regarding contractual arrangements and payment structures, although some information may be subject to confidentiality orders.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb134.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 →