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Fair Work Act 2009
s.306E—Application for a regulated labour hire arrangement order
Application by Mining and Energy Union re Poitrel Mine
(C2024/4214)
STANMORE SMC PTY LTD REGULATED LABOUR HIRE
ARRANGEMENT ORDER
[LH200007]
JUSTICE HATCHER, PRESIDENT
VICE PRESIDENT ASBURY
VICE PRESIDENT GIBIAN
SYDNEY, 1 NOVEMBER 2024
Regulated labour hire arrangement order – WorkPac Pty Ltd and WorkPac Mining Pty Ltd in
relation to work performed for Stanmore SMC Pty Ltd at the Poitrel Mine – Stanmore Poitrel
Mine Enterprise Agreement 2022.
A. Further to the decision in [2024] FWCFB 412, the Fair Work Commission makes this
regulated labour hire arrangement order (Order) pursuant to s 306E of the Fair Work Act
2009 (Cth) (FW Act).
A.1 The regulated host covered by the Order is Stanmore SMC Pty Ltd (the Regulated
Host).
A.2 The employers covered by the Order are WorkPac Pty Ltd and WorkPac Mining
Pty Ltd Trading (the Employers).
A.3 The regulated employees covered by the Order are employees of the Employers
who perform work at the Poitrel Mine in the State of Queensland who would, if
employed by the Regulated Host, be covered by the host employment instrument
identified in item A.4 of this Order.
A.4 The host employment instrument covered by the order is the Stanmore Poitrel Mine
Enterprise Agreement 2022 [AE519460] (the Host Employment Instrument).
B. This order comes into force on 4 November 2024.
C. This order ceases to be in force where the Host Employment Instrument ceases to apply,
and no other new employment instrument starts to apply pursuant to s 306EB of the FW
Act.
LH200007 PR780868
ORDER
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb412.pdf
LH200007 PR780868
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NOTE: Section 306F(2) of the FW Act provides that, while a regulated labour hire order is in
force, an employer covered by the order must pay any regulated employee covered by the order
no less than the ‘protected rate of pay’ for the employee in connection with the work performed
by the employee for the regulated host. The ‘protected rate of pay’ for the employee is defined
in ss 306F(4)–(6). There are certain exceptions to this obligation under ss 306F(3) and (3A).
PRESIDENT
Printed by authority of the Commonwealth Government Printer
THE FAIR WORK FAI COMMISSION THE
