Regulated labour hire arrangement orders

We can make an order that requires labour hire employees working for a host business to be paid at least the same rate of pay as employees of the host business who are doing the same kind of work.

We can only make these orders if someone asks us to do so (applies).

This type of order is called a regulated labour hire arrangement order.

• The employees covered by the order are called regulated employees. 
• The host business is called the regulated host. 
• The rate of pay is called the protected rate of pay.
• An enterprise agreement or other covered employment instrument that applies to the regulated host, and would apply to labour hire employees if the regulated host were to employ them directly, is called the host employment instrument.

You can apply for a regulated labour hire arrangement order if you are:
•    a regulated employee
•    an employee of the regulated host
•    an employee organisation (union) that can represent a regulated employee or an employee of the regulated host
•    the regulated host.

Labour hire employers (of the regulated employees) cannot apply for an order.

When someone applies for a regulated labour hire arrangement order, we must make the order where:

• an employer supplies, or will supply, either directly or indirectly, one or more employees to a regulated host to perform work for the regulated host
• the regulated host is not a small business employer, and
• the host employment instrument would apply to those regulated employees if the regulated host were to employ them directly to perform work of that kind. 

We must not make a regulated labour hire arrangement order if: 

• the performance of the work is, or will be, wholly or mainly (principally) providing a service, instead of supplying labour, or 
• it is not fair and reasonable in all the circumstances to do so.