s 306E - Application for a regulated labour hire arrangement order

Application by Construction, Forestry and Maritime Employees Union

Application for a regulated labour hire arrangement order in respect of Shutdown Staffing Pty Ltd trading as Readi in relation to work performed for Boom Logistics Ltd at the Newmont Boddington Goldmine

• [1] The Construction, Forestry and Maritime Employees Union (CFMEU) has applied under s 306E of the Fair Work Act 2009 (Cth) (Act) for a regulated labour hire arrangement order to apply to Shutdown Staffing Pty Ltd (Readi) as the labour hire employer and Boom Logistics Ltd (Boom) (as the regulated host) in respect of Readi employees supplied to Boom to perform work at the Newmont Boddington Goldmine (Newmont Boddington).[1] The host employment instrument is the Boom Logistics Newmont Boddington Gold Crane Services Agreement 2025[2] (Boom EA).

• [2] It is uncontroversial that Boom has engaged Readi to supply its employees to perform work at Newmont Boddington, and that Readi is a subsidiary of Boom.[3]

• [3] The CFMEU submitted that on the basis of the material filed, the Commission could safely make the following findings:

(a) Boom is engaged, in relation to its operations at the Boddington Project, by its client Newmont to provide crane and other services for the purposes of shutdown and maintenance work.[4]

(b) Boom has operated at the Boddington Project since 2009.[5]

(c) Boom employs workers, including crane operators and riggers, to work at the Boddington Project.[6]

(d) There are Boom employees engaged at the Boddington Project, including riggers and doggers, who are members of the CFMEU.[7]

(e) Readi also supplies workers including, crane operators and riggers, to work at the Boddington Project.[8]

(f) There are Readi employees engaged as crane operators and riggers at the Boddington Project, who are CFMEU members.[9]

(g) Readi employees who would be the beneficiary of this application:

i. perform the same work as Boom's directly employed employees;[10]

ii. work, at all times, under Boom's control and direction;[11]

iii. report almost exclusively to Boom management;[12]

v. wear Boom uniforms and personal protective equipment;[14]

vii. take breaks at the same time and places as Boom employees;[16]

viii. undergo the same training and inductions as Boom employees; and

ix. when pre-starts are held by Boom at the Boddington Project, attend the pre-starts

• [4] Readi and Boom have each filed a Form F86A response to the application. Boom indicated in its response that it objected to the Application on grounds that it is not fair and reasonable in all the circumstances to make the proposed regulated labour hire arrangement order (per s 306E(2) and(8) of the Act). Similarly, Readi made the same objection. However, on 17 October 2025, Readi and Boom filed joint submissions pursuant to a direction of the Commission made on 29 August 2025. The companies informed the Commission that the position of Readi and Boom was as follows:

The Respondents do not oppose the Application. By way of F86A responses, each Respondent originally resisted the making of an RLHA Order on the grounds that it would not be fair and reasonable in all the circumstances to do so. That objection is no longer pressed.

The Respondents do not accept the entirety of the evidence, or submissions, filed by the CFMEU. However, the Respondents (consistent with their F86A responses) take no issue with the ultimate conclusion that the FWC can be satisfied of the requisite states of satisfaction in respect of ss 306E(1)(a), 306E(1)(b), 306E(1A), and the associated mandatory considerations listed at 306E(7A) of the FW Act, which is necessary for a RLHA Order to be made.

• [5] By their joint submissions, Readi and Boom provided a draft order, in relation to which it submitted:

In the interests of assisting the FWC, and avoiding the need for unnecessary cost and disputation, the Respondents submit a proposed form of order in Annexure A which the FWC may find appropriate to adopt at its discretion.

In respect of paragraph B of Annexure A, Readi submits it will be in a position to comply with a RLHA Order by 17 November 2025 (being the start of a new pay cycle) as it will require some time to make changes to its payroll system. This process will involve coordinating with the BOOM payroll team and Readi's coordinators who oversee timekeeping software and then testing payroll changes to ensure compliance.

• [6] On that basis, and noting that on 20 October 2025 the CFMEU confirmed its consent to the making of an order in the terms of the proposed order provided by Readi and Boom and that the parties were content for the application to be determined on the papers, I considered that a hearing was unnecessary No other interested party has indicated that they oppose the grant of the order sought pursuant to the Application.

• [7] On the basis of the uncontested contentions of fact contained in the Application, the CFMEU's outline of submissions, and the witness statements of Michael Chaplin (Chaplin), Organiser of the CFMEU, and Rhys Cardinal (Cardinal), Industrial/Legal Assistant of the CFMEU, and applying the legal principles in respect of the operation of s 306E of the Act as set out in the Full Bench decision of Re Mining and Energy Union,[18] and thereafter followed in Application by the Mining and Energy Union re Rix's Creek,[19] Application by the Mining and Energy Union re Bengalla Mining Company,[20] and Applications by the Mining and Energy Union re: Goonyella Riverside Mine, Peak Downs Mine and Saraji Mine,[21] I make the following findings.

• [8] First, I am satisfied that the CFMEU is an employee organisation that is entitled to represent the interests of the employees supplied by Readi (who are the regulated employees) to Boom (the regulated host) to work at Newmont Boddington, and is therefore entitled to apply for a regulated labour hire arrangement order under s 306E(7)(c) of the Act.

• [9] Second, I am satisfied that the requirements of s 306E(1) of the Act, which must be satisfied in order to enliven the obligation to make a regulated labour hire arrangement order, are met. In this respect, I observe that Readi supplies its employees to Boom to perform work at Newmont Boddington and Boom is not a smally business employer. Further, the Boom EA that applies to Boom would apply to the Readi employees if they were directly employed by Boom to perform work at Newmont Boddington, in that they perform work of those roles set out in clauses 2 and 3 of the Boom EA.

• [10] Third, I am satisfied, for the purposes of s 306E(1A) of the Act, that the performance of work by the Readi employees 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 s 306E(7A), the contents of the witness statements of Chaplin and Cardinal, and the factors set out at paragraph [3] of this decision.
• [11] Fourth, in relation to s 306E(2) of the Act and noting that both Boom and Readi no longer press their objection that it is not fair and reasonable in all the circumstances to make the order sought by the CFMEU, I am not satisfied that it is not fair and reasonable to make the order sought. Section 306E(2) requires the Commission to have regard to the matters listed in s 306E(8) in relation to which submissions have been made. I observe that in this case neither Boom nor Readi have made submissions in respect of those matters in s 306E(8)(a)-(f) of the Act.

• [12] In the circumstances set out above, I am required by s 306E of the Act to make the regulated labour hire arrangement order sought by the CFMEU. I will publish the order[22] together with this decision, setting out the matters specified in s 306E(9) of the Act. The operative date of the order will be 17 November 2025, as agreed by the parties and consistent with s 306E(9)(e)(ii) of the Act.

[1] By Form F86 Application dated 30 June 2025 (Application).

[2] [2025] FWCA 2042, AE529427, 20 June 2025.

[3] Witness Statement of Rhys Cardinal dated 26 September 2025 (Cardinal Statement), [RAC-14].

[4] Witness Statement of Michael Chaplin dated 26 September 2025 (Chaplin Statement), [7].

[6] Chaplin Statement (n 4) [5]-[7].

[15] Cardinal Statement (n 3) [14]-[17].

[18] [2024] FWCFB 299.

[19] [2025] FWCFB 12.

[20] [2025] FWCFB 53.

[21] [2025] FWCFB 134.

[22] LH200086; PR792843.

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