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Who must comply with Same job same pay (labour hire reform)?

The applicability test for Same job same pay (labour hire reform) (FWC and FWO), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies when the business has labour hire.

What the obligation is

Labour hire workers entitled to same minimum pay as direct employees on host site.

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.

The applicability test

Applies when the business has labour hire.

How the regulator frames it: Labour hire providers + host businesses.

What triggers it: FWC order in respect of host site.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires labour hire.

Answers that bring it into scope

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

  • The business uses labour hire workers: it then applies (you use labour hire).

What you must do, and when

When due
Per FWC order.
Frequency
Ongoing
Evidence to keep
Pay records demonstrating compliance with order; FWC order register.
Status
Current
Priority
Critical

Penalty for not complying

Maximum penalty: Civil penalties for breach of order.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Enforcement examples

Where it sits in the corpus

Rules Mate tracks 19 published obligations tagged "workplace", 5 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 13 of those apply outright. This obligation is rated critical priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Fair Work Commission and Fair Work Ombudsman.

FWC: National workplace relations tribunal. Sets modern awards and the national minimum wage, resolves unfair dismissal and general protections disputes, and registers enterprise agreements.

FWO: Enforces compliance with the Fair Work Act, awards, and agreements. Investigates underpayments, brings civil penalty proceedings, and publishes compliance notices.

FW Act: Federal workplace relations Act.

Free tools that help with this obligation:

Questions

Who must comply with Same job same pay (labour hire reform)?
Applies when the business has labour hire.
Does Same job same pay (labour hire reform) apply to sole traders?
No. Across every industry and every size band, the engine's answer for a sole trader is: no.
Does Same job same pay (labour hire reform) apply to businesses with 1–5 employees?
No (1–5 employees, turnover $100K–$1M).
When is "Same job same pay (labour hire reform)" due?
Per FWC order.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.