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Fair Work Act 2009
s.306E—Application for a regulated labour hire arrangement order
Application by Jonathan Payne
(LH2024/51)
JUSTICE HATCHER, PRESIDENT MELBOURNE, 20 DECEMBER 2024
Application for a regulated labour hire arrangement order in respect of Invenio Pty Ltd in
relation to work performed for Ford Motor Company of Australia Pty Ltd.
[1] Jonathan Payne has applied under s 306E of the Fair Work Act 2009 (Cth) (FW Act)
for a regulated labour hire arrangement order to apply to Ford Company of Australia Pty Ltd
(Ford) as the regulated host and Invenio Pty Ltd (Invenio) as the employer. Mr Payne is a
senior professional mechanical engineer employed by Invenio who performs, amongst other
things, technical analysis of vehicle subsystems for Ford. The host employment instrument is
the Ford Australia Enterprise Agreement 2022 (General Salary Roll) (Agreement).1
[2] In his application, Mr Payne describes how Invenio supplies his labour to Ford for the
performance of work for Ford as follows:
Invenio Pty Ltd supplies the Regulated Employee to Ford Motor Company of Australia Pty.
Ltd. (Ford) via [Geometric Results International Pty Ltd] as a full-time casual employee, paid
an hourly rate on a twelve-month contract. The Regulated Employee is instructed on all work
duties by Ford and provided all equipment necessary to complete the required duties by Ford.
The Regulated Employee's primary place of work is provided by Ford. The employee has been
a casual employee working solely with Ford since 2017, having signed an individual casual
employment contract for each succeeding year of employment. The employee typically works
a 38-40 week, completing a timesheet at the end of each week which is approved by their Ford
manager, along with a separate sheet allocating hours spent on individual projects. The
Employee has minimal contact with the Employer.
[3] The application further explains how the performance of work by Mr Payne is for the
supply of labour and is not and will not be for the provision of a service as follows:
The Casual Employment Contract specifies no service to be provided, the employee is provided
to the Regulated Host on an hourly-rate basis to carry out what ever work is required by the
Host (Ford). No tasks, services or assignments are managed by the Employer (Invenio). Ford
provides all work instructions, equipment, training and facilities required to complete the work.
Ford manages the time allocated to complete the work.
[4] Ford and Invenio have each filed a Form F86A in which they do not take issue with the
factual contentions relevant to the requirements of s 306E in Mr Payne’s application and
indicate that they do not oppose the application. No other party has indicated an interest in the
[2024] FWC 3557
DECISION
AUSTRALIA FairWork Commission
[2024] FWC 3557
2
application. Ford attached a draft order to its Form F86A, and the parties consent to its terms
and an operative date of 1 February 2025.
[5] On the basis of the material contained in the forms filed by the parties, and applying the
principles outlined in Application by the Mining and Energy Union,2 I make the following
findings. I am satisfied that Mr Payne is a regulated employee entitled to apply for a regulated
labour hire arrangement order under s 306E(7)(a). I am likewise satisfied that the requirements
of s 306E(1) of the FW Act, which must be satisfied in order to enliven the obligation to make
a regulated labour hire arrangement order, are met in that:
(a) It is clear that Invenio supplies its employee, Mr Payne, to perform work for
Ford.
(b) The Agreement would apply to Mr Payne if he was employed directly by Ford
to perform mechanical engineering work (see clauses 1.5 and 5.1.5 of the
Agreement).
(c) Ford is not a small business employer.
[6] I am also satisfied, for the purpose of s 306E(1A) of the FW Act, that the performance
of work by Mr Payne is not and will not be for the provision of a service, rather than the supply
of labour. In forming this view, I have had regard to the matters set out in sub-s (7A) – in
particular, that Invenio is not involved in matters relating to the performance of Mr Payne’s
work, and does not assign or manage his work, and that Ford and not Invenio provides all the
work instructions, equipment, training and facilities required for Mr Payne to complete his
work.
[7] In relation to s 306E(2) of the FW Act, I am not satisfied that it is not fair and reasonable
in all the circumstances to make a regulated labour hire arrangement order as sought by Mr
Payne. Section 306E(2) requires the Commission to have regard to the matters listed in sub-s
(8) in relation to which submissions have been made. In this case, no submissions were made
in relation to any of the matters listed in sub-s (8). Accordingly, I am not required to have regard
to those matters.
[8] In those circumstances, I am required by s 306E of the FW Act to make the regulated
labour hire arrangement order sought by Mr Payne. I will publish the order together with this
decision, setting out the matters specified in s 306E(9) of the FW Act. The operative date of the
order will be 1 February 2025, as agreed by the parties and consistent with s 306E(9)(e)(ii).
PRESIDENT
Appearances:
THE FAIR WORK FAI COMMISSION THE
[2024] FWC 3557
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J Payne, the applicant.
N Duggal with E Sarra (solicitors of Moray & Agnew) for Invenio Pty Ltd.
A Wood with M Fedeli (solicitors of Herbert Smith Freehills) for Ford Motor Company of
Australia Pty Ltd.
Hearing details:
2024.
Melbourne, via video using Microsoft Teams:
12 December.
Printed by authority of the Commonwealth Government Printer
LH200015 PR782713
1 AE517116.
2 [2024] FWCFB 299, 333 IR 249.
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb299.pdf
