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

Application for a regulated labour hire arrangement order - application incomplete - employer and regulated host not specified - application dismissed - Fair Work Act 2009 (Cth) s 587(1)(a).

• [1] On 18 February 2025, Paul Williams applied to the Commission under s 306E of the Fair Work Act 2009 (Cth) (FW Act) for a regulated labour hire arrangement order. Mr Williams' application was missing pages 2-5 and 7. Relevantly, this means the application as filed does not specify the employer or the regulated host to whom Mr Williams wishes the order he seeks to apply. The application also does not specify the host employment instrument that he says would apply to him were he to be employed directly by the unidentified regulated host.

• [2] On 19 February 2025, one of the Commission's client services representatives attempted to telephone Mr Williams to inform him of the above issues. Mr Williams did not answer, so the client services representative left a voice mail message to that effect.

• [3] On 26 February 2025, I directed that correspondence be sent from my chambers identifying the above deficiencies and directing Mr Williams to file an amended and complete application by 5 March 2025. The correspondence indicated that '[i]f we do not receive this by the deadline, [the application] may be dismissed under section 587 of the Fair Work Act 2009 (Cth) as not having been made in accordance with the FWC Rules.'

• [4] To date, the Commission has not received a response to that correspondence. The applicant has not otherwise contacted the Commission.

• [5] I find the application has not been made in accordance with the FW Act because the applicant has failed to identify the respondents to his application. Accordingly, the application is dismissed pursuant to s 587(1)(a) of the FW Act.

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