1
Fair Work Act 2009
s.306E—Application for a regulated labour hire arrangement order
Application by the Mining and Energy Union
(C2024/1506)
JUSTICE HATCHER, PRESIDENT
VICE PRESIDENT ASBURY
DEPUTY PRESIDENT SAUNDERS
SYDNEY, 1 JULY 2024
Application for a regulated labour hire arrangement order in respect of WorkPac Pty Ltd and
WorkPac Mining Pty Ltd in relation to work performed for Batchfire Callide Management Pty
Ltd.
Introduction and factual background
[1] The Mining and Energy Union (MEU) has applied under s 306Eof the Fair Work Act
2009 (Cth) (FW Act) for a regulated labour hire arrangement order applying to Batchfire Callide
Management Pty Ltd (Batchfire) as the regulated host and WorkPac Pty Ltd and WorkPac
Mining Pty Ltd (collectively, WorkPac) as employers in respect of employees who perform
work at the Callide Mine, a black coal mine operated by Batchfire, near the town of Biloela in
Queensland (Mine). Neither Batchfire nor WorkPac oppose the making of the order sought by
the MEU.
[2] The factual background may be ascertained from the facts pleaded in the MEU’s
application and the witness statements of Cornelis Westra, an employee of WorkPac who
performs mining work at the Mine, and David Wieden, an employee of Batchfire who works at
the Mine and is the Secretary of the Callide Valley Lodge of the MEU, filed by the MEU. The
facts are not disputed by Batchfire or WorkPac and may be summarised as follows.
[3] The Mine is an open-cut coal mine which produces thermal coal for energy generation.
Batchfire operates the Mine and employs about 237 production employees and 110 maintenance
employees, as well as supervisory, technical and administrative staff, for that purpose. Batchfire
and its employees are covered by the Callide Mine Union Enterprise Agreement 20211
(Agreement), an enterprise agreement in operation under the FW Act. Clause 3 of the
Agreement provides that it covers Batchfire and ‘…each Employee of [Batchfire] who is
eligible to be a member of the CFMMEU or AMWU or CEPU, and employed in a classification
set out in clause 9…’. The reference to the CFMMEU in clause 3 is to be read as a reference to
the MEU.2 Clause 9 contains classifications for all grades of production employees as well as
engineering employees.
[2024] FWCFB 299
DECISION
AUSTRALIA FairWork Commission
[2024] FWCFB 299
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[4] WorkPac is, among other things, a labour hire business operating in the mining industry.
WorkPac supplies about 324 production workers which it employs to Batchfire to work at the
Mine.
[5] Production employees at the Mine, whether employed by Batchfire or WorkPac, are
eligible to be members of the MEU, and a significant number of such employees are in fact
members of the MEU (including those employed by WorkPac). Rule 2(A) of the MEU’s rules
provides that all employees engaged in or in connection with the coal and shale industries are
eligible for membership of the MEU and, in addition, rule 2(B) relevantly provides that all
classes of engine drivers and other specified operators of plant and equipment engaged… in or
in connection with the coal and shale industry and the mining industry also eligible for
membership.3
[6] Batchfire and WorkPac production employees working at the Mine:
• attend the same pre-start meeting each day and are allocated work and equipment
for their shift by Batchfire in the same way;
• perform the same production work and operate the same Batchfire-owned or
leased machines and equipment, which include draglines, excavators, dozers,
loaders, haul trucks, graders and water carts;
• wear the same Batchfire uniforms;
• are equally required to comply with Batchfire’s instructions, usually
communicated by Batchfire’s supervisors;
• must undertake the same site induction, conducted by Batchfire, before
commencing work at the Mine;
• operate pursuant to the Safety and Health Management System established by
Batchfire for the safe operation of the Mine pursuant to its obligations under the
Coal Mining Safety and Health Act 1999 (Qld);
• operate under the same Batchfire standard operating procedures and other policies
and procedures;
• are rostered on the same rosters and allocated into the same production crews by
Batchfire;
• take annual leave only when determined by Batchfire, and must notify Batchfire
of any personal or carer’s leave that is taken;
• take breaks at times determined by Batchfire and share the same crib facilities;
• undertake the same training provided by Batchfire; and
• use personal protective equipment and consumables provided by Batchfire.
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The statutory scheme
[7] Part 2-7A—Regulated Labour Hire Arrangement Orders, was added to the FW Act by
the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) and commenced
operation on 15 December 2023. The outline in the Revised Explanatory Memorandum (REM)
for the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 explains the purpose
of Part 2-7A as: ‘[p]rotecting bargained wages in enterprise agreements from being undercut
by the use of labour hire workers who are paid less than those minimum rates’. The detailed
explanation of Part 2-7A in the REM relevantly includes the following:
602. Part 6 would insert new Part 2-7A into the FW Act. New Part 2-7A would relate to various
labour hire arrangements and provide for orders to be made regulating these
arrangements.
603. When an employer supplies one or more employees to perform work for a host business,
employees and unions would be able to apply to the FWC for a regulated labour hire
arrangement order. The FWC would be prohibited from making an order unless it is
satisfied that the performance of the work for the host is not or will not be for the provision
of a service, rather than the supply of labour. The FWC would also be prohibited from
making an order if satisfied that it was not fair and reasonable in all the circumstances to
do so, having regard to submissions from affected businesses and employees. In
determining whether making an order would not be fair and reasonable, the FWC would
be required to consider a range of factors including existing pay arrangements, whether
the performance of the work is for the provision of services rather than the supply of
labour, and the history of industrial arrangements applying to the host and the employer.
604. If the FWC made the order, employers that supply labour to a host and are covered by the
order would generally be required to ensure that employees working as part of the
arrangement are paid no less than the rate at which they would be paid under the host
employer’s enterprise agreement if they were directly employed (the protected rate of
pay). In this way, the orders would protect bargained rates in enterprise agreements that
host businesses have negotiated with their employees from being undercut by the use of
labour hire.
[8] The key provision in Part 2-7A is s 306E, which provides:
306E FWC may make a regulated labour hire arrangement order
Regulated labour hire arrangement order
(1) The FWC must, on application by a person mentioned in subsection (7), make an order
(a regulated labour hire arrangement order) if the FWC is satisfied that:
(a) an employer supplies or will supply, either directly or indirectly, one or more
employees of the employer to perform work for a regulated host; and
(b) a covered employment instrument that applies to the regulated host would apply to
the employees if the regulated host were to employ the employees to perform work
of that kind; and
(c) the regulated host is not a small business employer.
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Note: The FWC may make other decisions under this Part which relate to regulated labour hire arrangement
orders: see Subdivisions C (short-term arrangements) and D (alternative protected rate of pay orders) of this Division,
and Division 3 (dealing with disputes).
(1A) Despite subsection (1), the FWC must not make the order unless it is satisfied that the
performance of the work is not or will not be for the provision of a service, rather than
the supply of labour, having regard to the matters in subsection (7A).
(2) Despite subsection (1), the FWC must not make the order if the FWC is satisfied that it
is not fair and reasonable in all the circumstances to do so, having regard to any matters
in subsection (8) in relation to which submissions have been made.
(3) For the purposes of paragraph (1)(a), it does not matter:
(a) whether the supply is the result of an agreement, or one or more agreements; or
(b) if there are one or more agreements relating to the supply—whether an agreement
is between:
(i) the regulated host and the employer; or
(ii) the regulated host and a person other than the employer; or
(iii) the employer and a person other than the regulated host; or
(iv) any 2 persons who are neither the regulated host nor the employer; or
(c) whether the regulated host and employer are related bodies corporate.
Note: If related bodies corporate with different corporate branding do not provide labour to each other, a regulated
labour hire arrangement order cannot be made because labour is not supplied in the way mentioned in
paragraph (1)(a).
(4) For the purposes of paragraph (1)(b), in determining whether a covered employment
instrument would apply to the employees, it does not matter on what basis the employees
are or would be employed.
Regulated employee and host employment instrument
(5) An employee referred to in paragraph (1)(a) is a regulated employee.
(6) The covered employment instrument referred to in paragraph (1)(b) is a host employment
instrument.
Who may apply for an order
(7) The following persons may apply for the order:
(a) a regulated employee;
(b) an employee of the regulated host;
(c) an employee organisation that is entitled to represent the industrial interests of an
employee mentioned in paragraph (a) or (b);
(d) the regulated host.
Matters that must be considered in relation to whether work is for the provision of a service
(7A) For the purposes of subsection (1A), the matters are as follows:
(a) the involvement of the employer in matters relating to the performance of the work;
(b) the extent to which, in practice, the employer or a person acting on behalf of the
employer directs, supervises or controls (or will direct, supervise or control) the
regulated employees when they perform the work, including by managing rosters,
assigning tasks or reviewing the quality of the work;
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(c) the extent to which the regulated employees use or will use systems, plant or
structures of the employer to perform the work;
(d) the extent to which either the employer or another person is or will be subject to
industry or professional standards or responsibilities in relation to the regulated
employees;
(e)the extent to which the work is of a specialist or expert nature.
Matters to be considered if submissions are made
(8) For the purposes of subsection (2), the matters are as follows:
(a) the pay arrangements that apply to employees of the regulated host (or related
bodies corporate of the regulated host) and the regulated employees, including in relation
to:
(i) whether the host employment instrument applies only to a particular class or
group of employees; and
(ii) whether, in practice, the host employment instrument has ever applied to an
employee at a classification, job level or grade that would be applicable to
the regulated employees; and
(iii) the rate of pay that would be payable to the regulated employees if the order
were made;
(c) the history of industrial arrangements applying to the regulated host and the
employer;
(d) the relationship between the regulated host and the employer, including whether
they are related bodies corporate or engaged in a joint venture or common
enterprise;
(da) if the performance of the work is or will be wholly or principally for the benefit of
a joint venture or common enterprise engaged in by the regulated host and one or
more other persons:
(i) the nature of the regulated host’s interests in the joint venture or common
enterprise; and
(ii) the pay arrangements that apply to employees of any of the other persons
engaged in the joint venture or common enterprise (or related bodies
corporate of those other persons);
(e) the terms and nature of the arrangement under which the work will be performed,
including:
(i) the period for which the arrangement operates or will operate; and
(ii) the location of the work being performed or to be performed under the
arrangement; and
(iii) the industry in which the regulated host and the employer operate; and
(iv) the number of employees of the employer performing work, or who are to
perform work, for the regulated host under the arrangement;
(f) any other matter the FWC considers relevant.
What an order must specify
(9) A regulated labour hire arrangement order must specify:
(a) the regulated host covered by the order; and
(b) the employer covered by the order under this section; and
(c) the regulated employees covered by the order under this section; and
(d) the host employment instrument covered by the order; and
(e) the day the order comes into force, which must be:
(i) if the order is made before 1 November 2024—that day or a later day; or
(ii) otherwise—the day the order is made or a later day.
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Note: For paragraphs (b) and (c), additional employers and regulated employees of those employers may be
covered by the order under section 306EA.
What an order may specify
(10) A regulated labour hire arrangement order may specify when the order ceases to be in
force.
Note: For variation and revocation of a regulated labour hire arrangement order, see section 603.
[9] We make the following observations about s 306E relevant to the determination of this
matter. First, in order for an application to validly enliven the Commission’s jurisdiction under
the section, it must be made by a person described in s 306E(7). Where the application is made
by an employee organisation (s 306E(7)(c)), the Commission must be satisfied that the
organisation is ‘entitled to represent the industrial interests’ of either a ‘regulated employee’
(s 306E(7)(a)) or an employee of the ‘regulated host’ (s 306E(7)(b)). Under the FW Act, an
organisation is entitled to represent the industrial interests of a person if the person falls within
the coverage of the organisation’s eligibility rule.4 A ‘regulated employee’ is an employee
referred to in s 306E(1)(a), namely, an employee of an employer who is or will be supplied by
the employer, directly or indirectly, to perform work for a regulated host (s 306E(5)). A
‘regulated host’ must be a person with the requisite constitutional character (s 306C) and,
contextually, refers to an employer to whom the labour of regulated employees is supplied.
[10] Second, where a valid application is made, s 306E(1) requires the Commission to make
a regulated labour hire arrangement order (notwithstanding the section heading) if it is
‘satisfied’ that the criteria specified in paragraphs (a), (b) and (c) of the subsection are met and
neither of the prohibitions (‘must not’) upon the making of such an order in ss 306E(1A) and
306E(2) apply. The anchoring of the requirement to make an order upon the Commission
reaching a relevant opinion or state of mind as to the criteria in paragraphs (a), (b) and (c) of
s 306E(1) imports a degree of latitude and subjectivity in the evaluation of the three prescribed
matters.5 However, the state of mind reached must be one which could be formed by a
reasonable person who correctly understands the meaning of the law under which they are
acting,6 and findings or inferences of fact which found the state of mind must be supported by
some probative material or logical grounds.7
[11] Third, the consideration required as to the s 306E(1)(a) criterion is guided by s 306E(3),
which makes it clear that the concept of the supply of labour by the employer to the regulated
host for the performance of work with which s 306E(1)(a) is concerned is not intended to be
restricted by reference to the formal legal arrangements by which this occurs. In particular,
paragraph (b) of s 306E(3) illuminates the reference in s 306E(1)(a) to labour being supplied
‘either directly or indirectly’ by explaining that a direct agreement between the employer and
the regulated host for the supply of labour is not required in order for the s 306E(1)(a) criterion
to be satisfied. The statutory intention in this respect is confirmed by s 306D(3) and by
paragraph [626] of the REM. Further, the relevant effect of s 306D(2) is that the requirement
for the performance of work for the regulated host is satisfied if the work is performed wholly
or principally for the benefit of the regulated host, an enterprise carried on by the regulated
host, or a joint venture or common enterprise engaged in by the regulated host and one or more
other persons.
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[12] Fourth, satisfaction as to the criterion in s 306E(1)(b) is premised on there being a
‘covered employment instrument’ which ‘applies’ to the regulated host. ‘Covered employment
instrument’ is defined in s 12 to encompass five categories of instrument including, relevantly,
an enterprise agreement. The requirement that the covered employment instrument must ‘apply’
to the regulated host, in the case of an enterprise agreement, calls up s 52(1), which provides
that an enterprise agreement ‘applies’ to an employer if it is in operation, ‘covers’ the employer,
and no other provision of the FW Act excludes the application of the agreement. Section 53(1)
provides that an enterprise agreement ‘covers’ an employer if the agreement is expressed to
cover, however described, that employer.
[13] If it is determined that an enterprise agreement applies to the regulated host, the
s 306E(1)(b) criterion next requires satisfaction that, on the hypothesis that the employees
supplied to the regulated host to perform work for the regulated host were in fact directly
employed by the regulated host to perform ‘work of that kind’, the agreement would ‘apply’ to
such employees. ‘Work of that kind’ includes work of substantially that kind: s 306D(1).
Sections 52(1) and 53(1) equally apply to, respectively, the application to and coverage of an
employee by an enterprise agreement. The evaluation required by s 306E(1)(b) will involve
making factual findings as to the nature of the work performed (including any qualifications
which may be required, the tasks undertaken and the skills exercised) for the regulated host by
the employees supplied by the employer, and then determining by reference to the coverage
and classification provisions of the relevant enterprise agreement whether that work is of a kind
such as to make the agreement applicable to the relevant employees if they were directly
employed by the regulated host. Section 306E(4) clarifies that, for the purpose of this
evaluation, it does not matter on what ‘basis’ the employees are or would be employed. This
would appear to exclude from consideration whether the employees are or would be employed
on a full-time or part-time, or permanent or casual, basis or for a specified period of time or
task.
[14] Fifth, the criterion in s 306E(1)(c) is to be determined by reference to the definition of
‘small business employer’ contained in s 23 of the FW Act. If the regulated host is not a small
business employer, the criterion will be satisfied even if the employer supplying labour to the
regulated host is a small business employer (as paragraph [633] of the REM confirms).
[15] Sixth, notwithstanding satisfaction as to the criteria in s 306E(1), s 306E(1A) prohibits
the making of a regulated labour hire arrangement order unless the Commission is able to reach
a positive state of satisfaction that the performance of work by the employees supplied to the
regulated host is not, or will not be, for the provision of a ‘service’ rather than for the supply of
labour. Although s 306E(1A) is expressed as a prohibition, its substantive effect is that reaching
the described state of satisfaction is an additional precondition to the making of an order. It is
clear that ‘service’ in s 306E(1A) is used in a different sense than ‘service’ as defined in s 22.
The contradistinction between the provision of a service and the supply of labour in s 306E(1A)
implies that the former must involve something more than simply the performance of work by
the employees supplied to the regulated host. The matters prescribed in s 306E(7A) provide
guidance as to the matters which might constitute this ‘something more’, so that a finding of
fact that one or more of these matters apply would weigh in favour of a conclusion that a service,
and not just labour, is being provided.8 The requirement to have regard to these matters means
that they must be treated as matters of significance in the decision-making process.9 They are
intended, as paragraph [638] of the REM explains, to:
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… allow the [Commission] to assess the reality of the arrangement to determine whether it is,
or is not, for the provision of a service and then decide, as a jurisdictional question, whether it
is prevented from making an order.
[16] Seventh, the prohibition on the making of a regulated labour hire arrangement order in
s 306E(2) only operates if the Commission is positively satisfied that it is not fair and reasonable
in all the circumstances to do so. The provision thus operates in an inverse way to s 306E(1A).
The requirement to have regard to the matters in s 306E(8) is conditioned upon submissions
having been made about them. That is, in the absence of any such submissions, regard need not
be had to those matters. The statutory intention in this respect is confirmed in paragraph [646]
of the REM: ‘The FWC is only required to consider matters listed in new subsection (8) where
the parties have made submissions on these matters’.
[17] Eighth, s 306E(9) specifies the mandatory terms of a regulated labour hire arrangement
order and, in addition, s 306E(10) confers a discretionary power to specify when an order ceases
to have effect. Paragraph (d) of s 306E(9) requires the order to specify the host employment
instrument covered by the order. However, absent the exercise of the power in s 306E(10), it
will not always follow that the order ceases to have effect when the specified instrument ceases
to have effect because s 306EB provides that the order is taken to operate by reference to any
successor instrument that would apply to the regulated employees if they were employed by the
regulated host to perform work of the kind to which the order relates. Paragraph (e) of
s 306E(9), which concerns the operative date of such an order, makes it apparent that an order
cannot be given retrospective operation.
[18] Sections 306F and 306H deal with the effect of a regulated labour hire arrangement
order once made. The key obligation is that established by s 306F(2): the employer must pay
any regulated employee no less than the ‘protected rate of pay’ for the employee in connection
with the work performed by the employee for the regulated host. Section 306F(4) defines
‘protected rate of pay’ as ‘the full rate of pay that would be payable to the employee if the host
employment instrument covered by the regulated labour hire arrangement order were to apply
to the employee’. ‘Full rate of pay’ is defined in s 18(1) to be the rate of pay that is payable to
the employee inclusive of incentive-based payments and bonuses, loadings, monetary
allowances, overtime or penalty rates and any other separately identifiable amounts.
Subsections (5), (6) and (7)–(8) of s 306F adjust these obligations in relation to casual
employees, national system employers under ss 30D or 30N and pieceworkers respectively in
ways which are not presently relevant. Section 306H imposes obligations on the regulated host
to provide information concerning the protected rate of pay for one or more employees on
request of the employer.
Consideration
[19] We are satisfied, for the purpose of s 306E(7)(c), that the MEU is an employee
organisation that is entitled to represent the industrial interests of the employees of WorkPac
who are supplied to perform work for Batchfire at the Mine, and of the employees of Batchfire
who work at the Mine. The MEU therefore has standing to make the application before us.
[20] We are further satisfied that we are required by s 306E(1) to make the regulated labour
hire arrangement order sought by the MEU. We find that:
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(1) WorkPac supplies employees of WorkPac to perform production work for
Batchfire at the Mine.
(2) The Agreement would apply to these employees if Batchfire were to employ the
employees directly to perform production work at the Mine.
(3) Batchfire is not a small business employer.
[21] We are also satisfied for the purpose of s 306E(1A) that the performance of work by the
production employees supplied by WorkPac to Batchfire is not and will not be for the provision
of a service rather than for the supply of labour. In relation to the matters to which we are
required to have regard in s 306E(7A), on the basis of the non-contested factual background we
have earlier set out, we find (using the subsection’s paragraph designations) as follows:
(a) There is no evidence that WorkPac has any involvement in matters relating to the
performance of work beyond the mere supply of production workers.
(b) Neither WorkPac nor any person acting on behalf of WorkPac directs, supervises
or controls (or will direct, supervise or control) the production employees which
it supplies to the Mine. These functions, including the functions of managing
rosters, assigning tasks and reviewing the quality of work, are undertaken by
Batchfire and its employees.
(c) The production employees supplied by WorkPac do not use the systems, plant or
structures of WorkPac to perform their work. Rather, they use the systems, plant
and structures of Batchfire.
(d) There is no evidence that WorkPac is or will be subject to industry or professional
standards or responsibilities in relation to the production employees it supplies to
Batchfire, apart from its usual statutory work health and safety obligations as an
employer. Batchfire has obligations under the Coal Mining Safety and Health Act
1999 (Qld) as to the safe operation of the Mine and, for that purpose, maintains a
Safety and Health Management System which applies to the production
employees supplied by WorkPac.
(e) The production work performed at the Mine, which involves the use of plant and
equipment, is not of a specialist or expert nature.
[22] All of these findings weigh in favour of our conclusion that the performance of work by
the production employees supplied by WorkPac to Batchfire is not and will not be for the
provision of a service and rather demonstrate that it is only for the supply of labour.
[23] In relation to s 306E(2), we are not satisfied that is not fair and reasonable in all the
circumstances to make the order sought by the MEU. There is no material before us which
would permit such a state of satisfaction to be reached. No submissions were made about any
of the matters specified in s 306E(8) and, accordingly, we are not required to have regard to
those matters.
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[24] We conclude therefore that we are required by s 306E to make a regulated labour hire
arrangement order as sought by the MEU. The draft order provided by the MEU contains a
schedule of pay rates derived from the Agreement which would be payable as at 1 November
2024 (being the earliest operative date for an order permitted by s 306E(9)(e)(i)). It is clear that
s 309E(9) does not require the inclusion of a rates schedule in a regulated labour hire
arrangement order, nor do we consider that the subsection contemplates this occurring. As
earlier explained, any order made under s 306E is given operative effect by s 306F, which
(subject to the specified exceptions) obliges an employer the subject of such an order to pay no
less than the ‘protected rate of pay’, which is derived from the employment instrument specified
in the order, to employees for work performed by them for the regulated host. It does not appear
that it is intended that the order would itself specify any payment obligation. The procedure
provided for in s 306H whereby the regulated host is required to provide the employer with
information concerning the protected rate of pay of employees covered by an order tends to
confirm this.
[25] We will publish a draft order together with this decision which sets out only the matters
specified in s 306E(9). The operative date in the draft order will be 1 November 2024, consistent
with s 306E(9)(e)(i). No party submitted that the order should specify when it ceases to be in
force pursuant to s 306E(10), so the draft order does not contain any such specification. Because
this will be the first order to be made under s 306E, we will allow interested parties a period of
two weeks to comment on the terms of the order before it is made.
PRESIDENT
Appearances:
P Boncardo, counsel, and A Walkaden for the Mining and Energy Union.
D Williams, solicitor (of MinterEllison), for Workpac Pty Ltd and Workpac Mining Pty Ltd.
J Hall, solicitor (of Ashurst), for Batchfire Callide Management Pty Ltd.
T Clarke for the Australian Council of Trade Unions.
B Ferguson and C Beasley for The Australian Industry Group.
Hearing details:
2024.
Sydney by video link using Microsoft Teams:
5 April (mention and directions), 26 April (report-back).
Matter determined on the papers.
THE FAIR WORK FAI COMMISSION THE
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Written submissions:
Mining and Energy Union: 19 April 2024.
Printed by authority of the Commonwealth Government Printer
PR776569
1 AE511965.
2 Fair Work (Registered Organisations) Act 2009 (Cth) s 113.
3 Mining and Energy Union Rules.
4 Regional Express Holdings Ltd v Australian Federation of Air Pilots [2016] FCAFC 147, 244 FCR 344, 264 IR 192 [60]
(Jessup J, North and White JJ agreeing).
5 Coal and Allied Operations Pty Ltd v AIRC [2000] HCA 47, 203 CLR 194 [19]–[21] (Gleeson CJ, Gaudron and Hayne JJ).
6 R v Connell; Ex parte Hetton Bellbird Collieries Ltd [1944] HCA 42, 69 CLR 407, 430 (Latham CJ).
7 Minister for Immigration v Eshetu [1999] HCA 21, 197 CLR 611 [147] (Gummow J).
8 Revised Explanatory Memorandum, Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) [635].
9 Edwards v Giudice [1999] FCA 1836; 94 FCR 561 [5]; Australian Competition and Consumer Commission v Leelee Pty Ltd
[1999] FCA 1121 [81]–[84]; National Retail Association v Fair Work Commission [2014] FCAFC 118; 225 FCR 154; 244
IR 461 [56].
https://www.fwc.gov.au/documents/organisations/current-rulebooks/current-rb-301v.docx
