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FWC "must" make SJSP orders for WorkPac employees: union
The Fair Work Commission has no choice but to make an order requiring WorkPac to pay on-hire mineworkers the same pay rates as their directly employed counterparts at a host site, the Mining and Energy Union is arguing in the first 'same job same pay' application.
The preconditions to making a regulated labour hire arrangement (RLHA) order under section 306E of the Fair Work Act are satisfied, the MEU alleges, and the Commission is therefore bound to make the orders sought.
"The present case is a paradigm example of the mischief to which Part 2-7A [of the FW Act] is directed," it says...
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