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The Fair Work Commission has no choice but to make an order requiring labour hire workers be paid the same pay rates as their directly employed counterparts at a site, the Mining and Energy Union is arguing in the first 'same job, same pay' application.
Lodged last month, the application is the first test of the Fair Work Act's Closing Loopholes provisions, and MEU general president Tony Maher said at the time the Union "[intends] to have many applications made and approved by the FWC to deliver higher pay".
In the current case 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...
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