Fair Work Act 2009

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

Application by the Australasian Meat Industry Employees' Union re Bindaree Beef

Application for a regulated labour hire arrangement order in respect of Regional Workforce Management Pty Ltd (formerly known as Food Industry People Group Pty Ltd) in relation to work performed for Bindaree Beef Pty Ltd.

1. The Australasian Meat Industry Employees' Union (AMIEU) has applied under s 306E of the Fair Work Act 2009 (Cth) (FW Act) for a regulated labour hire arrangement order to apply to Bindaree Beef Pty Ltd (Bindaree) as the regulated host and Regional Workforce Management Pty Ltd (FIP Group), formerly known as Food Industry People Group Pty Ltd, as the employer. The proposed order would apply in respect of employees who perform meat processing work at Bindaree's Inverell site in New South Wales (site). The covered employment instrument is the Bindaree Beef Inverell Processing Enterprise Agreement 2022 - 2026 (Agreement).[1] Bindaree and FIP Group each filed a Form F86A response to the application on 26 May 2025 indicating that they neither object to the AMIEU's application nor do they wish to bring any other issue with it to the Commission's attention. No other person has indicated an interest in the application.

• [2] On 25 June 2025, the AMIEU filed a statement of agreed facts on behalf of all parties to the matter, pursuant to my direction issued on 4 June 2025. On the basis of the application, the responses and the statement of agreed facts, I make the following findings:

• FIP Group employs workers under the Regional Workforce Management Pty Ltd Enterprise Agreement 2014 (EBA) at the site who are engaged in meat processing work as classified in the EBA, including but not limited to:
  • slaughtering and all associated tasks;
  • boning and all associated tasks;
  • slicing and all associated tasks;
  • general labour and all associated tasks; and
  • packing and all associated tasks.

• FIP Group employees perform work that is wholly or principally for the benefit of Bindaree at the site.

• The day-to-day performance of duties by FIP Group employees at the site occurs under the direction and control of Bindaree.

• FIP Group partners with Bindaree in relation to how duties are to be performed (including for the purposes of classifying its employees under the EBA and to comply with its work health and safety obligations), but notwithstanding that fact, the parties otherwise accept that the performance of work is not for the provision of a service rather than the supply of labour.

• FIP Group employees use the systems and operate the same plant, equipment and machinery as Bindaree's direct employees.

• FIP Group employees process meat that is subject to quality control and review by Bindaree's supervisors and Bindaree's employed (or outsourced) meat inspectors.

• FIP Group employees working at the site are rostered by Bindaree and work with Bindaree employees according to Bindaree's operational requirements.

• Bindaree assigns tasks to, supervises and controls the work of FIP Group employees working at the site.

• Bindaree will suggest to FIP Group potential promotions or areas of concern for investigation or performance management of FIP Group employees. Notwithstanding the circumstance where Bindaree will not permit an FIP Group employee to return to the site to perform their usual duties, decisions as to whether promotions or disciplinary action will occur are typically made by FIP Group.

• FIP Group invoices Bindaree based on the hours of work its employees perform at the site.

• [3] In Application by the Mining and Energy Union,[2] a Full Bench of the Commission outlined a number of principles concerning the proper interpretation and application of s 306E.[3] I apply, but do not repeat, the principles stated in that decision.

• [4] I am satisfied, for the purposes of s 306E(7) of the FW Act, that the AMIEU is an organisation entitled to represent the industrial interests of employees of Bindaree and FIP Group employed to perform meat processing work at the site. Accordingly, the AMIEU is entitled to apply for a regulated labour hire arrangement order under s 306E of the FW Act by operation of s 306E(7)(c).

• [5] I am likewise satisfied that the requirements of s 306E(1) of the FW Act, which must be satisfied in order to enliven the obligation to make a regulated labour hire arrangement order, are met. Specifically, on the evidence before me, I am satisfied that:

(a) FIP Group provides its employees to perform work for Bindaree at the site.

(b) The Agreement would apply to FIP Group's employees who perform work for Bindaree at the site if Bindaree were to employ these employees directly to undertake the same kind of work.

• [6] For the purposes of s 306E(1A) of the FW Act, I am satisfied that the performance of work 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 subsection (7A). In relation to the matters set out in s 306E(7A), I make the following findings:

(a) FIP Group is not involved in matters relating to the day-to-day performance of meat processing work by its employees at the site. Its role is limited to consideration of whether particular employees should be disciplined or promoted based on feedback from Bindaree.

(b) The evidence demonstrates that Bindaree directs, supervises and controls FIP Group employees at the site.

(c) FIP Group employees work within Bindaree's systems and according to its operational requirements at the site. They operate machinery and equipment belonging to Bindaree.

(d) There is no evidence that FIP Group is or will be subject to industry or professional standards or responsibilities in relation to the work of its employees supplied to Bindaree.

(e) The work undertaken by FIP Group employees at the site involves the operation of machinery and equipment within Bindaree's systems, but does not involve work of a specialist or professional nature.

• [7] In relation to s 306E(2) of the FW Act, I am not satisfied that it is not fair and reasonable in all the circumstances to make a regulated labour hire arrangement order as sought by the AMIEU. Section 306E(2) requires the Commission to have regard to the matters listed in subsection (8) in relation to which submissions have been made. In this case, no submissions were made in relation to any of the matters listed in subsection (8). Accordingly, I am not required to have regard to those matters.

• [8] In those circumstances, I am required by s 306E of the FW Act to make the regulated labour hire arrangement order sought by the AMIEU. I will publish the order together with this decision, setting out the matters specified in s 306E(9) of the FW Act. The operative date of the order will be today, 17 July 2025, consistent with s 306E(9)(e)(ii).

B Swan for the Australasian Meat Industry Employees Union.

A Piper, with B Seagrott and L Brewster, for Regional Workforce Management Pty Ltd (formerly known as Food Industry People Group Pty Ltd).

A Ford, with R Winsor, for Bindaree Beef Pty Ltd.

Sydney by video link using Microsoft Teams (directions):

1. [1]AE519631.
2. [2] [2024] FWCFB 299, 333 IR 249.
3. [3]Ibid [8]-[17].

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