Fair Work Act 2009

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

Application by the Australasian Meat Industry Employees Union re Gundagai Meat Processors

Application for a regulated labour hire arrangement order in respect of Task Labour Australia Pty Ltd in relation to work performed for Hirino Pty Ltd t/a Gundagai Meat Processors.

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 Hirino Pty Ltd t/a Gundagai Meat Processors (GMP) as the regulated host and Task Labour Australia Pty Ltd (Task) as the employer. The proposed order would apply in respect of employees who perform meat processing work at GMP's meat processing facility (abattoir) on Gocup Road in Gundagai, New South Wales. The covered employment instrument is the Gundagai Meat Processors Enterprise Agreement 2023 (Agreement).[1] GMP and Task each filed a Form F86A response to the application on 26 May 2025 indicating they neither objected to the application nor wished 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:

• Task employs workers under the Meat Industry Award 2020 (Award) who are engaged in meat processing work at the abattoir as classified in the Award, 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.

• Task employees perform work that is wholly or principally for the benefit of GMP at the abattoir.

• The day-to-day performance of duties by Task employees at the abattoir occurs under the direction and control of GMP.

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

• Task employees use the systems and operate the same plant, equipment and machinery as GMP's direct employees.

• Task employees process meat that is subject to quality control and review by GMP supervisors and GMP-employed meat inspectors.

• Task employees working at the abattoir are rostered by GMP and work with GMP's employees according to GMP's operational requirements.

• GMP assigns tasks to, supervises and controls the work of Task employees working at the abattoir.

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

• Task invoices GMP based on the hours of work its employees perform at the abattoir.

• [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 GMP and Task employed to perform meat processing work at the abattoir. 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) Task provides its employees to perform meat processing work for GMP at the abattoir.

(b) The Agreement would apply to Task's employees who perform work for GMP at the abattoir if GMP 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) Task is not involved in matters relating to the day-to-day performance of meat processing work by its employees at the abattoir. Its role is limited to consideration of whether particular employees should be disciplined or promoted based on feedback from GMP.

(b) The evidence demonstrates that GMP directs, supervises and controls Task employees at the abattoir.

(c) Task employees work within GMP's systems and according to its operational requirements at the abattoir. They operate machinery and equipment belonging to GMP.

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

(e) The work undertaken by Task employees at the abattoir involves the operation of machinery and equipment within GMP'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.

W Mills for Hirino Pty Ltd t/a Gundagai Meat Processors.

Sydney by video link using Microsoft Teams (directions):

1. [1]AE523494.
2. [2] [2024] FWCFB 299, 333 IR 249.
3. [3]Ibid [8]-[17].

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