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Fair Work Act 2009
s.306E—Application for a regulated labour hire arrangement order
Application by Shop, Distributive and Allied Employees Association re
Kmart Lytton Distribution Centre
(LH2024/9)
KMART AUSTRALIA LIMITED REGULATED LABOUR HIRE
ARRANGEMENT ORDER NO 1
[LH200012]
JUSTICE HATCHER, PRESIDENT SYDNEY, 22 NOVEMBER 2024
Regulated labour hire arrangement order – Programmed Skilled Workforce Pty Ltd in relation
to work performed for Kmart Australia Limited at the Kmart Lytton Distribution Centre –
Kmart Australia Ltd Lytton Distribution Centre Enterprise Agreement 2022.
A. Further to the decision in Application by Shop, Distributive and Allied Employees
Association re Kmart Lytton Distribution Centre [2024] FWC 3238, 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 Kmart Australia Limited (the Regulated
Host).
A.2 The employer covered by the order is Programmed Skilled Workforce Pty Ltd (the
Employer).
A.3 The regulated employees covered by the order are employees of the Employer who
perform work at the Kmart Lytton Distribution Centre at 51 Freight Street, Lytton
in the State of Queensland who would, if employed by the Regulated Host, be
covered by the host employment instrument identified in A.4 (the Regulated
Employees).
A.4 The host employment instrument covered by the order is the Kmart Australia Ltd
Lytton Distribution Centre Enterprise Agreement 2022 (AE518088) (the Host
Employment Instrument).
B. This order comes into force on 2 December 2024.
LH200012 PR781556
ORDER
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc3238.pdf
LH200012 PR781556
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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.
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 a regulated 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
