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End of the road for two key challenges to FW Act amendments
Employers have lost two important appeals that challenged the Fair Work Commission's interpretation of Fair Work Act amendments.
One pertained to the regulated labour hire arrangement (RLHA) orders made by a full bench of the Fair Work Commission in July last year, regarding workers at 13 mining sites (reported in HR Daily here, and in further detail here).
Relying on the contracting exemption added to the Closing Loopholes amendments shortly before they passed through Parliament, it argued BHP OS engaged workers for the provision of a service, rather than the supply of labour, and therefore 'same job, same pay' orders shouldn't apply to them.
The second appeal was against a single interest employer authorisation, issued in December, which ropes employers into bargaining for an enterprise agreement...
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