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

Application by United Workers' Union re Bapcor Logistics Services

Application for a regulated labour hire arrangement order in respect of The Recruitment Place (Vic) Pty Ltd and TLH National Pty Ltd in relation to work performed for Bapcor Logistics Services Pty Ltd.

1. The United Workers' Union (UWU) has applied under s 306E of the Fair Work Act 2009 (Cth) (FW Act) for a regulated labour hire arrangement order to apply to Bapcor Logistics Services Pty Ltd (Bapcor) as the regulated host and The Recruitment Place (Vic) Pty Ltd (TRP) and TLH National Pty Ltd (TLH) as the employers. The proposed order would apply to employees (regulated employees) of TRP and TLH who perform work at the contract logistics facility at 15 Northcott Place at Redbank in Queensland operated by Bapcor (Worksite). The covered employment instrument is the Bapcor QLD Distribution Centre Agreement 2024 (Agreement).[1]

• [2] Bapcor, TRP and TLH each filed a Form F86A response to the application indicating that 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.

• [3] On 22 September 2025, the UWU filed a statement of agreed facts on behalf of all parties to the matter pursuant to my direction issued on 25 August 2025. On the basis of the application, the responses and the statement of agreed facts, I make the following findings:

• TRP and TLH each employ regulated employees who perform warehousing and logistics work for Bapcor at the Worksite, including manual handling, unloading and reloading trucks, picking, packing, receiving and dispatching orders to customers, RF scanner use, applying packaging labels, manual and electronic operation of pallet jacks and forklift operations.

1. The Vehicle Repair, Services and Retail Award 2020[2] (Award) covers these employees.

• The classifications in the Agreement correspond to those in the Award as follows:

• At the Worksite, the regulated employees work alongside and perform the same work as employees of Bapcor covered by the classifications in Part 5 (Classification Structure) of the Agreement.

• The regulated employees:
  • receive on-the-job training from Bapcor's officers and employees;
  • are allocated duties by Bapcor's officers and employees and are required to comply with Bapcor's instructions or directions;
  • are required to follow Bapcor's policies and procedures;
  • utilise Bapcor's equipment, including but not limited to RF scanner guns, pallet jacks and forklifts;
  • at Bapcor's direction, take breaks per the Agreement;
  • access the same rooms as Bapcor's employees, including lunchrooms and toilets;
  • are generally rostered to work the same rostered shifts as Bapcor's direct employees;
  • receive the same induction to the worksite and work health and safety
  • protocol upon commencement as Bapcor's employees;
  • attend team meetings and team talks with Bapcor's employees;
  • are expected to follow Bapcor's code of conduct; and
  • do not perform duties that can be said to be specialist or expert in nature.

• [4] In Application by the Mining and Energy Union,[3] a Full Bench of the Commission outlined a number of principles concerning the proper interpretation and application of s 306E.[4] I apply, but do not repeat, the principles stated in that decision.

• [5] The parties agree, and I am satisfied for the purposes of s 306E(7) of the FW Act, that the UWU is an organisation entitled to represent the industrial interests of employees of TRP and TLH who perform work at the Worksite. Accordingly, the UWU 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).

• [6] 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) TRP and TLH provide their respective employees to perform work for Bapcor at the Worksite.

(b) The Agreement would apply to TRP and TLH's employees who perform work for Bapcor at the Worksite if Bapcor were to employ these employees directly to undertake the same kind of work.

• [7] 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) There is no evidence that TRP or TLH has any involvement in matters relating to the regulated employees' performance of work at the Worksite.

(b) Rather, the evidence demonstrates that Bapcor directs, supervises, controls and assigns work to employees of TRP and TLH at the Worksite.

(c) The regulated employees receive the same induction and training as direct Bapcor employees, from Bapcor employees, and work within Bapcor's policies and procedures at the Worksite. They operate equipment belonging to Bapcor.

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

(e) The work undertaken by the regulated employees at the Worksite involves the operation of equipment within Bapcor's systems, but does not involve work of a specialist or professional nature.

• [8] 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 UWU. 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.

• [9] In those circumstances, I am required by s 306E of the FW Act to make the regulated labour hire arrangement order sought by the UWU. 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, 21 November 2025, consistent with s 306E(9)(e)(ii).

1. [1]AE526060.
2. [2]MA000089.
3. [3] [2024] FWCFB 299, 333 IR 249.
4. [4]Ibid [8]-[17].

Printed by authority of the Commonwealth Government Printer