306EENotifying tenderers etc. of regulated labour hire arrangement order

306EE Notifying tenderers etc. of regulated labour hire arrangement order

(1) This section applies if:

(a) a regulated host is covered by a regulated labour hire arrangement order that is in force or has been made but is not yet in force; and

(b) a tender process is conducted:

(i) by or on behalf of the regulated host; or

(ii) for the purposes of a joint venture or common enterprise engaged in by the regulated host and one or more other persons.

(2) If it could reasonably be expected that one or more employers would, as a result of the tender process, become covered by the regulated labour hire arrangement order because of section 306ED, the regulated host must ensure that, from the start of the tender process, all prospective tenderers are advised, in writing, that if one or more tenderers are successful in the process:

(a) one or more employers could become covered by the regulated labour hire arrangement order; and

(b) the employers could be required to pay employees of the employers who perform work for the regulated host, in accordance with this Part, in connection with the work.

Note: This subsection is a civil remedy provision (see Part 4‑1).

(3) If the regulated host is required to apply to the FWC in relation to one or more employers under subsection 306ED(2) as a result of the tender process, the regulated host must, as soon as practicable after the end of the tender process, advise the successful tenderer or tenderers in that process (whether or not they are the employers), in writing, of the following:

(a) that the regulated host is required to make the application;

(b) the effect of subsection 306ED(11) in relation to the application;

(c) that if the FWC decides to vary the order under section 306ED to cover those employers, and the order is in force or comes into force, the employers will be required to pay employees of the employers who perform work for the regulated host, in accordance with this Part, in connection with the work.

Note: This subsection is a civil remedy provision (see Part 4‑1).