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[22]
[2026] FWC 1043
General information, not legal advice.
Fair Work Commission
2026-04-01
Original judgment source is linked above.
s.306ED - Application to vary a regulated labour hire arrangement order to cover new employers and their relevant regulated employees
Application by the Australian Pharmaceutical Industries re Programmed Skilled Workforce and Maxiforce
Application by the Australian Pharmaceutical Industries Pty Ltd t/a API to vary a regulated labour hire arrangement order to cover Programmed Skilled Workforce Ltd and Maxiforce Pty Ltd t/a Maxiforce Recruit as new employers.
[2] As such, API's application properly falls to be considered under s 306ED of the FW Act. Section 306ED relevantly applies where a regulated labour hire arrangement order that covers a regulated host and an employer is in force in relation to a particular kind of work, and where one or more new employers start to or will supply employees to the regulated host to perform work of the same kind in circumstances where they are not covered by such an order (s 306ED(1)). In these circumstances, s 306ED(2) requires the regulated host to apply to the Commission to vary the order in question to cover the new employers and their relevant employees as soon as practicable after it becomes aware of these circumstances.
[3] It is apparent that this is the situation to which API's application is directed. The application states:
From time to time, both Maxiforce and/or Programmed may provide labour to work in the host's warehouse in Cairns.
Employees of Maxiforce and Programmed may undertake duties in the host's warehouse alongside the host's employees.
Work performed by employees of Maxiforce and Programmed, whilst working in the host's warehouse, will include picking and related duties that fall within the scope of the industrial instrument that covers the host's employees (i.e., Australian Pharmaceutical Industries Pty Ltd (QLD) Enterprise Agreement 2023).
[4] I am satisfied that s 306ED(1) applies in this case, in that:
(1) The Order is currently in force and covers API and ProQuest in respect of employees supplied by the latter to the former to perform warehouse duties at API's warehouse in Cairns.
(2) Programmed and Maxiforce will start to supply regulated employees to perform the same kind of warehouse duties for API at its warehouse in Cairns.
(3) Programmed and Maxiforce are not covered by any order that covers or will cover the relevant regulated employees in relation to the performance of work for API.
(4) The Commission did not make a determination under s 306EA(1) in relation to Programmed and Maxiforce and the application for the Order.
[5] At a hearing conducted earlier today, API confirmed that what it in fact sought was a variation of the Order so that it covered Programmed and Maxiforce and their relevant regulated employees in circumstances to which s 306ED applies. Programmed and Maxiforce also confirmed that they agreed to the variation of the Order sought by API.
[6] An application under s 306ED can be made using Form F86G. To the extent that API's application has been made using the incorrect form, I waive this irregularity under s 586(b) of the FW Act and I will treat the application as one made under s 306ED.
[7] Section 306ED(6) requires that the Commission must vary the relevant regulated labour hire arrangement order to cover a new employer and the relevant regulated employees if the regulated host and the new employer notify the Commission that they agree to the making of the variations. In this case, API served its application on Programmed and Maxiforce, and they have advised the Commission in writing that they do not oppose the variation. As stated, they have also confirmed their consent to the variation at the hearing this morning. I therefore consider that s 360ED(6) applies and I am required to make the variation sought by API.
[8] Accordingly, I vary the Order so that it covers Programmed and Maxiforce as employers and their relevant regulated employees. The variation is published together with this decision. The operative date of the variation order will be today, 1 April 2026, consistent with s 306ED(10).
D Twyford, for the applicant, Australian Pharmaceutical Industries Pty Ltd t/a API.
M Zoetbrood and K King for Programmed Skilled Workforce Pty Ltd.
B Thelan for Maxiforce Pty Ltd t/a Maxiforce Recruit.
M Collier and A Nash for the United Workers' Union.
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