Labour hire arrangement order disputes

If a disagreement (dispute) about a regulated labour hire arrangement order can’t be resolved at the workplace, we may be able to help.

On this page:

Apply to us for help
How we deal with disputes

We can help with disputes about orders that are currently in force or have been made but are not yet in force.

This includes disputes about:

what the protected rate of pay for a regulated employee should be
whether a regulated employee has been, or is being, paid less than the protected rate of pay
whether a regulated employee has been, or is being, paid less than the rate of pay required by an alternative protected rate of pay order.

For example, there may be a dispute about a regulated employee’s correct classification under the host employment instrument.

See Regulated labour hire arrangement orders for more information about orders and the protected rate of pay

Apply to us for help

If the issue can’t be resolved at the workplace, we may be able to help.

Use Form F86E - Application to deal with a dispute about the operation of Part 2-7A of the Fair Work Act 2009.

1 Mediation or conciliation

Generally, we will first try to resolve the dispute by mediation or

conciliation

Sometimes we will make a recommendation or give an opinion about how to resolve the dispute.

If there are exceptional circumstances, or if the dispute can’t be resolved that way, a

Commission Member

can decide the outcome (

arbitrate

2 Arbitration

If there are exceptional circumstances, or if the dispute can’t be resolved by mediation or

conciliation

, a

Commission Member

can decide the outcome (

arbitrate

This is a more formal process involving a determinative conference or hearing.

The

parties

to the dispute do not have to agree for us to arbitrate. But it will affect when any orders we might make can come into force (see 3. Making an order, below).

Use Form F86F – Notification of agreement to arbitration of a dispute about the operation of Part 2-7A to notify us that the parties agree to arbitration.

3 Making an order

If a Commission member arbitrates the dispute, they may decide to make an arbitrated protected rate of pay order.

An arbitrated protected rate of pay order can set out how the rate of pay for a regulated employee will be worked out. It may set out other matters as well.

We can only make an arbitrated protected rate of pay order if it is fair and reasonable for us to do so.

An order cannot apply to work performed before a regulated labour hire arrangement order comes into force.

If the parties agreed to arbitration — we may make an order that applies to work performed on or after the date the regulated labour hire arrangement order comes into force. This might mean that an employer would need to back pay an employee.
If the parties did not agree to arbitration — an order can only apply from the date it’s made or when the regulated labour hire arrangement order comes into force (whichever is later).

Labour hire arrangement order disputes

Apply to us for help

How we deal with disputes

1 Mediation or conciliation

2 Arbitration

3 Making an order

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