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

Applications by The Australasian Meat Industry Employees Union re Primo Foods - Wacol

Applications for regulated labour hire arrangement orders in respect of Task Labour Australia Pty Ltd and Cemo Group Pty Ltd in relation to work performed for Primo Foods 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 regulated labour hire arrangement orders. In each matter, the regulated host is Primo Foods Pty Ltd (Primo), the relevant work location is the meat manufacturing establishment at Wacol, Queensland operated by Primo (establishment), and the covered employment instrument is the Primo Foods Pty Ltd - JBS Primo Wacol Enterprise Agreement 2025[1] (Agreement). In matter LH2026/6, the employer to which the order sought would apply is Task Labour Australia Pty Ltd (Task). In matter LH2026/7, the relevant employer is Cemo Group Pty Ltd (Cemo). The proposed orders would apply to employees of Task and Cemo respectively who perform work at the establishment (regulated employees).

[2] In matter LH2026/6, Primo and Task each filed a Form F86A response to the application stating that they did not have any objections to the proposed order, nor did they wish to bring any other issue to the Commission's attention in relation to the application. Likewise, in matter LH2026/7, Primo and Cemo have each filed Form F86A responses stating the same position.

[3] No other person has indicated an interest in either application.

[4] The AMIEU has filed statements of agreed facts (SOAFs) in each matter on behalf of all parties to each matter pursuant to my direction issued on 25 February 2026. Apart from the identity of the employer, the applications in each matter, the responses and the SOAFs disclose the same factual matrix. In respect of both matters, I make the following findings:

• Primo operates the establishment.
• Task and Cemo supply Primo with the regulated employees to perform work for Primo at the establishment.
• The regulated employees perform work in general processing and manufacturing, machine operating, packing, distribution and associated tasks.
• The Agreement is a covered employment instrument within the meaning of ss 12 and 306E(1)(b) of the FW Act and applies to Primo within the meaning of s 52 of the FW Act.
• The Agreement would apply to the regulated employees if Primo were to employ them directly to perform the same work.
• While Task and Cemo have some involvement in administrative and disciplinary processes, the regulated employees' day-to-day performance of duties at the establishment occurs at the direction and under the control of Primo.
• In practice, the regulated employees' work at the establishment is directed, supervised, and controlled by Primo, not by Task or Cemo.
• Rosters and starting times may be communicated to the regulated employees by Task or Cemo, but rosters and other working arrangements are ultimately determined by Primo and conform to Primo's operational requirements.
• The regulated employees' quality of work at the establishment is reviewed by Primo's supervisory and quality control staff.
• The regulated employees use systems of work determined by Primo, and use the plant, structures, equipment and machinery provided by Primo, to perform their work at the establishment. Neither Task nor Cemo provides plant or structures to the regulated employees, and do not determine the systems for the performance of work. The regulated employees use the systems and operate the same plant, equipment and machinery as Primo's direct employees at the establishment.
• Task and Cemo are not subject to industry or professional standards or responsibilities in relation to the regulated employees other than statutory obligations (e.g. workplace health and safety, food safety) that apply to all employers in the industry.
• The work performed by the regulated employees is of the same or similar kind as that performed by Primo's direct employees as part of its meat manufacturing operations, and is not of a specialist or expert nature.

• [5] In this decision I apply, without repeating, the principles concerning the proper interpretation and application of s 306E as stated by a Full Bench of the Commission in Application by the Mining and Energy Union[2] and Federal Court Full Courts in BHP Coal Pty Ltd v Mining and Energy Union[3] and Skilled Workforce Solutions (NSW) Pty Ltd v Mining and Energy Union.[4]

[6] The parties agree, and 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 the regulated employees, as well as Primo's direct employees, who perform work at the establishment. Accordingly, the AMIEU is entitled to apply for regulated labour hire arrangement orders under s 306E of the FW Act by operation of s 306E(7)(c).

[7] 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) The employers provide the regulated employees to perform work for Primo at the establishment.

(b) The Agreement would apply to the regulated employees who perform work for Primo at the establishment if Primo were to employ these employees directly to undertake the same kind of work.

[8] For the purposes of s 306E(1A) of the FW Act, I am satisfied that the performance of the work by the regulated employees 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 and Cemo have some involvement in administrative and disciplinary processes relating to the regulated employees, but are not involved in directing the regulated employees' day-to-day performance of work at the establishment.

(b) Primo, and not Task or Cemo, directs, supervises and controls the performance of work by the regulated employees at the establishment, including by determining rosters and other working arrangements based on its operational requirements, and reviewing the quality of the regulated employees' work.

(c) The regulated employees use Primo's plant, structures, equipment, machinery and systems to perform their work at the establishment, along. Neither Task nor Cemo supply these, nor do they determine the systems by which work is performed.

(d) Task and Cemo are not subject to industry or professional standards or responsibilities in relation to the work of the regulated employees, beyond statutory obligations that apply to all employers in the relevant industry.

(e) The work undertaken by the regulated employees at the establishment is not specialist or expert in nature.

[9] 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 the regulated labour hire arrangement orders 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 these matters, 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.

[10] In these circumstances, I am required by s 306E of the FW Act to make the regulated labour hire arrangement orders sought by the AMIEU. It is convenient (especially having regard to the terms of s 306ED) to consolidate these into a single order. 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 30 March 2026, consistent with s 306E(9)(e)(ii).

1. [1]AE528364.
2. [2] [2024] FWCFB 299, 333 IR 249 [9]-[13].
3. [3] [2025] FCAFC 194 [33]-[42], [55].
4. [4] [2025] FCAFC 195 [87]-[102].

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