Labour hire arrangement order disputes

Generally, we will first try to resolve the dispute by mediation or conciliation.

Sometimes we will make a recommendation or give an opinion about how to resolve the dispute.

If there are exceptional circumstances, or if the dispute can’t be resolved that way, a Commission Member can decide the outcome (arbitrate).

If there are exceptional circumstances, or if the dispute can’t be resolved by mediation or conciliation, a Commission Member can decide the outcome (arbitrate).

This is a more formal process involving a determinative conference or hearing.

The parties to the dispute do not have to agree for us to arbitrate. But it will affect when any orders we might make can come into force (see 3. Making an order, below).

If a Commission member arbitrates the dispute, they may decide to make an arbitrated protected rate of pay order.

An arbitrated protected rate of pay order can set out how the rate of pay for a regulated employee will be worked out. It may set out other matters as well.

We can only make an arbitrated protected rate of pay order if it is fair and reasonable for us to do so.

An order cannot apply to work performed before a regulated labour hire arrangement order comes into force.

• If the parties agreed to arbitration — we may make an order that applies to work performed on or after the date the regulated labour hire arrangement order comes into force. This might mean that an employer would need to back pay an employee.
• If the parties did not agree to arbitration — an order can only apply from the date it’s made or when the regulated labour hire arrangement order comes into force (whichever is later).