Same job same pay (labour hire reform)
Labour hire workers entitled to same minimum pay as direct employees on host site.
Who must comply
Labour hire providers + host businesses.
What triggers it
FWC order in respect of host site.
When due
Per FWC order.
Evidence required
Pay records demonstrating compliance with order; FWC order register.
Max penalty
Civil penalties for breach of order
Summary
Fair Work Legislation Amendment (Closing Loopholes) Act 2023 + No. 2 Act 2024 introduce 'Regulated Labour Hire Arrangement' orders by FWC — orders require labour-hire workers to receive at least the same rate of pay as direct employees performing same work on the host site.
Enforced by
Source legislation
Topics
Related obligations
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- CWLTHAvoid sham contracting (s 357 Fair Work Act)Employer must not misrepresent employment as contractor relationship.
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
- CWLTHCasual employment definition + conversion (Closing Loopholes 2024)New casual employment definition + employee choice pathway from 26 August 2024.
- CWLTHLodge WGEA workplace gender equality reportPrivate-sector employers with 100+ staff must report annually; pay gaps are now publicly published.
- CWLTHComply with casual employee conversion (Closing Loopholes — s 66B Fair Work Act)From 26 Aug 2024, eligible casual employees can notify their employer to convert to permanent employment.
Frequently asked questions
- Who must comply with Same job same pay (labour hire reform)?
- Labour hire providers + host businesses.
- What triggers Same job same pay (labour hire reform)?
- FWC order in respect of host site.
- When is Same job same pay (labour hire reform) due?
- Per FWC order.
- What is the maximum penalty for Same job same pay (labour hire reform)?
- Civil penalties for breach of order
- What evidence is required for Same job same pay (labour hire reform)?
- Pay records demonstrating compliance with order; FWC order register.
Source: https://fwc.gov.au/issues-we-help/labour-hire/same-job-same-pay. Rules Mate is not a law firm. Always verify against the live regulator source before acting.