What is Same Job Same Pay (SJSP) in Australia?

Same Job Same Pay is the principle introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth), in effect from 1 November 2024. Where the Fair Work Commission has made a 'regulated labour hire arrangement order' under s306E of the Fair Work Act 2009, the labour-hire worker must be paid no less than the 'protected rate of pay' — the rate that would apply to a direct employee of the host doing the same work under the host's enterprise agreement or applicable instrument.

Does Same Job Same Pay apply to me automatically?

Not automatically. The Fair Work Commission must make a 'regulated labour hire arrangement order' for your specific engagement before SJSP applies as a strict legal entitlement. Workers, unions, or hosts can apply to the FWC for an order under s306E. Several major orders have been made since November 2024 covering mining, manufacturing, and other industries. If your host has a more favourable EA than your labour-hire firm's, an SJSP application is worth considering.

What is the 'protected rate of pay'?

The protected rate of pay is the full rate that would apply to a direct employee of the host doing the same work — including all the host EA's hourly rates, allowances, penalty rates, and leave loading. It's not just the base hourly rate; it's the totality of pay entitlements under the host's instrument.

How do I claim back-pay under Same Job Same Pay?

If a regulated labour hire arrangement order applies to your engagement and your labour-hire firm has paid you less than the protected rate, raise the discrepancy with the labour-hire firm in writing. They are obliged to pay the protected rate from the date the order took effect. If they don't, complain to the Fair Work Ombudsman or apply to the Federal Circuit and Family Court. Civil penalties up to $93,900 per contravention can apply to the labour-hire firm and the host.

Does Same Job Same Pay apply to small business hosts?

There's a small-business exemption — labour-hire arrangements where the host is a small business employer (fewer than 15 employees) are excluded from regulated labour hire arrangement orders. Most SJSP orders to date are in larger industrial settings (mining, manufacturing, large logistics). If your host has 15+ employees and a better EA than your labour-hire firm, SJSP is potentially in play.

Same Job Same Pay — Labour Hire Pay Parity

Brand-new 2024 law: if you're labour-hire at a host with a better EA, you may be entitled to their protected rate. The only AU calculator that compares the two and shows your back-pay.

Last verified: 21 May 2026

AIGot a tricky case? Ask FairWork Mate AI — 1 free question, no signup →

Your labour-hire pay

Hourly rate (AUD)

Hours/week

Weeks at host

What's the host paid by?

Host employer (EA)

Classification (the level you'd be at as a direct employee)

Sources

• Fair Work Act 2009 (Cth) Part 2-7A — Regulated labour hire arrangement orders
• Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) — Same Job Same Pay reforms (in effect 1 Nov 2024)
• FWC s306E orders — applied to specific labour-hire engagements
• FWO guidance: fairwork.gov.au
• Last verified 2026-05-02.

Same Job Same Pay: Labour Hire Workers' Rights Explained

The Same Job Same Pay laws mean labour hire workers must be paid at least the same as direct employees doing equivalent work. Here's how the law works, the BHP decision, how to apply for an order, and what it means for you.

Wage Theft and Labour Hire Exploitation: What's Still Going Wrong in 2026

Criminal wage theft laws are in force. Same Job Same Pay is law. Yet the FWO recovered $473M in underpayments last year and labour hire loopholes are already emerging. Here's what workers need to know right now.

Casual to Permanent Conversion — Your Right to Request Full-Time After 12 Months

After 12 months as a casual, you have the legal right to request permanent employment under the Closing Loopholes Act. Step-by-step: how to make the request, employer response deadlines, grounds for refusal, and how to dispute.

Embed this calculator on your site — free

One line of HTML. Auto-updates with the latest Australian rates. Click to copy the code.

Show code →

Copy & paste into any HR blog, payroll docs, intranet, or CMS.

<iframe
  src="https://fairworkmate.com.au/embed/same-job-same-pay?partner=YOUR_NAME"
  width="100%"
  height="700"
  frameborder="0"
  loading="lazy"
  title="Same Job Same Pay — Labour Hire Pay Parity by FairWork Mate"
  style="border:1px solid #e2e8f0;border-radius:8px;max-width:680px;"
></iframe>

See all 146 embeddable tools →Preview the embed →Replace YOUR_NAME with your site identifier for attribution (optional).

Got a follow-up about this?

“I'm using the Same Job Same Pay — Labour Hire Pay Parity on FairWork Mate. Walk me through what this typically tells me and what I should do next.”

Ask FairWork Mate AI →

Get notified when rates change

Free alerts when minimum wage, award rates, or workplace laws are updated.

Free forever. No spam. Unsubscribe anytime.

Stuck on your numbers?

Ask our AI advisor — it'll talk you through your specific situation in seconds.

Ask FairWork Mate AI

FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

Recommended partners

Free tools surface the issue. Our partners help you solve it.

Authorised Employment Hero Partner

Employment Hero

Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.

Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.

See Employment Hero

Law Tram — lawyer matching

Law Tram

Matched with the right Australian lawyer for your situation — unfair dismissal, underpayment, workplace injury, debt, tenancy and more. Many lawyers offer a free first consult and no-win-no-fee arrangements.

Best for: anyone whose workplace or personal legal issue needs proper advice, not just a calculator.

Find a lawyer

IT, Microsoft & cyber partner

Frontrow Tech

Microsoft 365, Copilot rollouts, Essential Eight, Privacy Act 2026 and board-level cyber compliance for Australian SMBs. Where pay and HR end, your data and IT obligations begin.

Best for: SMBs running on Microsoft 365, anyone hitting cyber/privacy compliance, boards wanting an outside read on IT risk.

See Frontrow

Affiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.