[2025] FWCFB 53
Citation: [2025] FWCFB 53
At a glance
- Employees affected
- 191
- Awards cited
- MA000037
What happened
The Mining and Energy Union (MEU) sought regulated labour hire arrangement orders under the Fair Work Act 2009 concerning CoreStaff NSW Pty Ltd and Skilled Workforce Solutions (NSW) Pty Ltd. These companies supply labour hire workers to Bengalla Mining Company Pty Ltd at the Bengalla Mine. Approximately 156 workers are supplied by Skilled and 35 by CoreStaff. The Bengalla Mine employs around 560 employees. The dispute revolves around whether the labour hire workers are being supplied or are providing a service. The Bengalla Enterprise Agreement 2022 governs the employment of Bengalla employees, primarily technicians, and provides for full-time employment only. Skilled, CoreStaff and Bengalla opposed the orders.
What was decided
The Fair Work Commission Full Bench found that the requirements for regulated labour hire arrangement orders under the Fair Work Act 2009 were met. They rejected Skilled’s argument that the order would constitute an acquisition of property otherwise than on just terms. The Commission also found it was not unfair or unreasonable to make the orders. Consequently, they ordered regulated labour hire arrangement orders covering CoreStaff and Skilled employees performing work for Bengalla. The Commission noted that the Bengalla Agreement only provides for full-time employment, not casual or part-time.
What it means for employers
Employers utilising labour hire arrangements should carefully consider the potential for regulated labour hire orders. Ensure a clear distinction between supplying labour and providing a service. Review employment agreements to ensure they comply with current legislation and address potential issues related to worker classification and entitlements.
What it means for employees
Employees working through labour hire agencies should be aware of their rights and protections under the Fair Work Act. The MEU's success highlights the potential for collective action to improve conditions for labour hire workers.
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This summary was drafted 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 →