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
Who must comply with this? The applicability test by industry, business structure and size.
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
- 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).
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- 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.
- CWLTHPay annual leave loading where the award or contract providesMost modern awards require 17.5% loading on annual leave taken or paid out on termination.
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/workplace-disputes/other-workplace-disputes/common-issues-workplace. Rules Mate is not a law firm. Always verify against the live regulator source before acting.