306FProtected rate of pay payable to employees if a regulated labour hire arrangement order is in force

306F Protected rate of pay payable to employees if a regulated labour hire arrangement order is in force

Application of section

(1) This section applies if a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer.

Employer must not pay less than protected rate of pay

(2) The employer must pay the regulated employee at no less than the protected rate of pay for the employee in connection with the work performed by the employee for the regulated host.

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

Exceptions

(3) The employer does not contravene subsection (2) if the employer pays the regulated employee at less than the protected rate of pay because:

(a) the regulated host provides information to the employer under section 306H (which deals with information about the protected rate of pay); and

(b) the employer reasonably relies on the information for the purposes of working out the protected rate of pay for the regulated employee; and

(c) the information is incorrect in a material particular.

(3A) The employer does not contravene subsection (2) if:

(a) the regulated labour hire arrangement order covers the employer because of the operation of subsection 306ED(11); and

(b) the employer pays the regulated employee at less than the protected rate of pay because the employer has not been either:

(i) notified that the regulated host has made an application under subsection 306ED(2) (which deals with certain variation orders); or

(ii) for an employer who was a successful tenderer in a tender process—advised under subsection 306EE(2) or (3) (which deal with notifying tenderers) in relation to the regulated labour hire arrangement order.

Meaning of protected rate of pay

(4) Unless subsection (5) applies, the protected rate of pay for the regulated employee is the full rate of pay that would be payable to the employee if the host employment instrument covered by the regulated labour hire arrangement order were to apply to the employee.

(5) If the regulated employee is a casual employee, and there is no covered employment instrument that applies to the regulated host that provides for work of that kind to be performed by casual employees, the protected rate of pay for the regulated employee is the full rate of pay that would be payable to the employee if:

(a) the employee were an employee other than a casual employee and the host employment instrument covered by the regulated labour hire arrangement order were to apply to the employee; and