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Fair Work Act 2009
s.306E—Application for a regulated labour hire arrangement order
Application by United Workers' Union re the Asahi Albury/Wodonga Site
(LH2024/52)
ASAHI BEVERAGES AUSTRALIA PTY LTD REGULATED LABOUR
HIRE ARRANGEMENT ORDER
[LH200016]
JUSTICE HATCHER, PRESIDENT SYDNEY, 23 DECEMBER 2024
Regulated labour hire arrangement order – Drake Australia Pty Ltd and Staffpower Pty Ltd in
relation to work performed for Asahi Beverages Australia Pty Ltd at Albury, New South Wales
– Asahi Beverages Albury Enterprise Agreement 2023.
A. Further to the decision in Application by United Workers' Union re the Asahi
Albury/Wodonga Site [2024] FWC 3577, 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 Asahi Beverages Australia Pty Ltd (the
Regulated Host).
A.2 The employers covered by the order are Drake Australia Pty Ltd and Staffpower
Pty Ltd (the Employers).
A.3 The regulated employees covered by the order are employees of the Employers who
perform work at the Regulated Host’s premises at 215 East Street, East Albury in
the State of New South Wales who would, if employed by the Regulated Host, be
covered by the host employment instrument identified in A.4.
A.4 The host employment instrument covered by the order is the Asahi Beverages
Albury Enterprise Agreement 2023 [AE520478] (the Host Employment
Instrument).
B. This order comes into force on 23 December 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.
LH200016 PR782771 [Note: a correction has been issued to this document]
ORDER
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/awardsandorders/pdf/PR783333.pdf
LH200016 PR782771
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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 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
