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 $109,200 per contravention for a company with fewer than 15 employees, or $546,000 for one with 15 or more (from 1 July 2026) 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: 2 August 2026Jump to calculator ↓

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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