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Fair Work Act 2009
s.306E - Application for a regulated labour hire arrangement order
Mining and Energy Union
(LH2024/10)
SKILLED WORKFORCE SOLUTIONS (NSW) PTY LTD REGULATED
LABOUR HIRE ARRANGEMENT ORDER
DEPUTY PRESIDENT SLEVIN SYDNEY, 21 FEBRUARY 2025
Regulated labour hire arrangement order – Skilled Workforce Solutions (NSW) Pty Ltd in
relation to work performed for Mt Arthur Coal Pty Ltd.
A. Further to the hearing today 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 Mount Athur Coal Pty Ltd (the
Regulated Host).
A.2 The employer covered by the Order is Skilled Workforce Solutions (NSW) Pty Ltd
(the Employer).
A.3 The regulated employees covered by the Order are employees of the Employer
who perform work at Mt Arthur North site near Muswellbrook 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 (the Regulated Employees).
A.4 The host employment instrument covered by the order is the Mt Arthur Coal
Enterprise Agreement 2023 [AE5203] ( the Host Employment Instrument).
B. This Order comes into force on 7 March 2025.
LH200018 PR784646
ORDER
AUSTRALIA FairWork Commission
LH200018 PR784646
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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).
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
FAIR RWORK OF THE FALIT MORA MMISSION THE SEAL OF TI
