Unions have filed a same-job, same-pay order to increase the rates paid to labour hire workers at the Metcash Gepps Cross distribution facility.

The order has been filed by the SDA and UWU  who are jointly seeking to lift the rates paid to on-hire (labour hire) workers who are doing work at the Metcash distribution facilities but are employed by Asset Personnel, Fluid Recruitment, Manpower Services and Omni Recruit.

The order, if upheld by the Fair Work Commission, could lift the pay of those on-hire warehouse workers by up to $12,700.

They say the workers placed at Metcash distribution centres by the labour suppliers perform “storeworker work”, which includes “picking and packing, storing, receiving, dispatching, forking and cleaning” for the host employer.

SDA SA branch secretary Josh Peak says the on-hire workers are paid 20% less than the directly-engaged colleagues they work alongside.

The application, the first lodged by the SDA, would lift their pay by $6.50 an hour or $12,666 for those working 38 hours a week.

Same Job Same Pay

Under the new Same Job Same Pay laws, the Fair Work Commission must make a “regulated labour hire arrangement order” when:

  • a labour hire entity supplies its employees (labour hire workers) to perform work for another company (host company); and
  • an employment instrument (including an enterprise agreement or workplace determination) applies to the host company and would apply to the labour hire workers if they were employed directly by the host company.

When an order is in force, the labour hire company must pay labour hire workers at no less than the full rate of pay that the labour hire worker would receive if they were employed directly by the host company and paid under the enterprise agreement/ workplace determination.

Exemptions apply if ;

  • the host company employees less than 15 employees
  • the labour hire workers are providing a service rather than just labour

For more see; https://acapmag.com.au/2023/12/new-employment-laws-q-a-labour-hire/

Here To Help

ACAPMA members are reminded that they can access the advice support resources and representation of the ACAPMA Employment Professionals on this issue, or indeed any other employment issue, via employment@acapma.com.au.

HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by contacting the ACAPMA Employment Professionals via employment@acapma.co.au  its free for members. Click here to apply for ACAPMA Membership.

ACAPMA

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