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Editable checklist
A same job same pay checklist helps a host employer find out, in writing and with dates, whether a regulated labour hire arrangement order covers its site, and what it must tell providers if one does. The rule is not automatic. It only applies once the Fair Work Commission makes an order.
This free Word checklist is built for warehouse, manufacturing, food production, trades and logistics sites in Victoria and New South Wales that use agency workers. It is editable, so your workplace relations, procurement and site teams can each fill in their own parts.
Why host employers need a written check
Part 2-7A of the Fair Work Act started on 15 December 2023. The Fair Work Ombudsman explains that when an order applies, labour hire employees must not be paid less than the host's workplace instrument, such as an enterprise agreement, would provide. The provider stays the employer and pays the worker, but it cannot work out the protected rate without information from you.
The Commission's guidelines for regulated labour hire arrangement orders set out the host's duties once an order is in force: answer written information requests as soon as reasonably practicable, tell tenderers in writing at the start of a tender, apply to vary the order when a new provider will supply workers, and tell providers when a new enterprise agreement replaces the old one. Anti-avoidance rules also stop schemes aimed at preventing or dodging an order.
The Commission keeps a public list of regulated labour hire arrangement orders made and runs an email subscription for order and application updates. A host that never looks cannot say whether it is covered, so Part 1 of the checklist is a dated Yes, No or Unsure record.
What is inside the checklist
- Part 1, does an order cover us? Checks of the Commission's list and updates, a written question to every provider, enterprise agreement coverage, adviser questions on small business and service-versus-labour, and a dated answer record.
- Part 2, tender and new-provider notices. The written tender notice, the variation application when a new provider supplies, and the written notice to the new provider, each with a notice log.
- Part 3, if an order applies. An information request log (what was asked, date received, date answered, who answered) and a protected rate information pack covering classification mapping per role, penalties, loadings, allowances, overtime, incentives, roster patterns and effective dates.
- Part 4, agreement and invoicing clauses. Questions to put to your adviser and provider about information-sharing turnaround, notice of an order or variation, and invoice transparency. No legal wording is supplied.
- Part 5, what not to do. The anti-avoidance rules in plain words.
- Part 6, review triggers. A new application, a new or replaced enterprise agreement, a new provider or new roles, with a review date table, plus sign-off and actions tables.
How to use it
- Download the Word file and replace the square-bracket placeholders with your organisation, site and owner details.
- Complete Part 1 first. If any answer is Unsure, book time with your workplace relations adviser and write the date in the record.
- Use Parts 2 to 4 before your next tender, provider change or contract renewal.
- Keep the file with your labour hire contracts and set the review date in the control table.
Related Resources
- Same job same pay: what it means for businesses using labour hire on Chandler's blog
- How your company's EBA affects labour hire pricing
- How to calculate the true cost of labour hire under an EBA
- Contract clauses hosts should agree before the first shift
- The free labour hire cost calculator
- The Fair Work Commission's guidelines for regulated labour hire arrangement orders
- The Commission's subscription page for order and application updates
Frequently Asked Questions
Is same job same pay automatic for my agency workers?
No. The Fair Work Commission has to make an order on application, and the order names the host, the provider, the covered employees, the host instrument and the start date. Until an order covers you, the Part 2-7A protected rate does not apply to your site.
Who can apply for an order?
A regulated employee, an employee of the host, a union that can represent either, or the host itself. The labour hire provider cannot apply, although it can ask to be covered by an order someone else applies for.
Does the small business exclusion mean we are safe?
It might, but the checklist does not decide it for you. The Commission cannot make an order where the host is a small business employer as defined in section 23 of the Fair Work Act. Put the headcount question to your adviser and record the answer with a date.
Does the checklist contain pay rates or legal clauses?
No. Rates come from your own enterprise agreement, and the clause section is a set of questions for your adviser. The file is a general guide, not legal advice, so check your situation with a workplace relations adviser.
Keep Your Provider Records Audit-Ready
Download the checklist, complete Part 1 this week and diarise the review date. If you also need agency workers for a warehouse, factory or trades site, you can request staff from Chandler Personnel, a Melbourne labour hire and permanent recruitment firm.
