Application by Whitehaven Coal Mining Limited
Citation: [2026] FWC 2666
What happened
Whitehaven Coal Mining Limited applied to vary an existing labour hire arrangement order (LH2000591). The order currently covers Whitehaven and WorkPac Pty Ltd regarding employees supplied for work at the Blackwater Mine in Queensland. Whitehaven sought to include Protech GPS Pty Ltd, which supplies personnel to Whitehaven’s mine site for mine operator work, under the same order. Protech provides truck skill operators and multi-skilled operators.
What was decided
The Fair Work Commission (FWC) decided to vary the labour hire arrangement order to include Protech GPS Pty Ltd as a covered employer. The decision was based on section 306ED of the Fair Work Act, which requires regulated hosts to apply for variations when new employers supply employees performing similar work and are not already covered by an order. Both Whitehaven and Protech agreed to the variation, fulfilling the requirements of s 306ED(6). The variation takes effect immediately.
What it means for employers
Employers using labour hire arrangements need to be aware of their obligations under the Fair Work Act regarding regulated labour hire orders. If a new labour hire provider starts supplying employees performing similar work, the host employer must apply to vary existing orders to include them.
What it means for employees
Employees supplied by Protech GPS Pty Ltd will now be covered by the BMA Enterprise Agreement 2022 due to this variation of the labour hire arrangement order. This may provide additional protections and entitlements.
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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 →