Application by Construction, Forestry and Maritime Employees Union - [2025] FWC 3154

[2025] FWC 3154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 306E - Application for a regulated labour hire arrangement order

Application by Construction, Forestry and Maritime Employees Union

(LH2025/36)

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 OCTOBER 2025

Application for a regulated labour hire arrangement order in respect of Shutdown Staffing Pty Ltd trading as Readi in relation to work performed for Boom Logistics Ltd at the Newmont Boddington Goldmine

The Construction, Forestry and Maritime Employees Union (CFMEU) has applied under s 306E of the Fair Work Act 2009 (Cth) (Act) for a regulated labour hire arrangement order to apply to Shutdown Staffing Pty Ltd (Readi) as the labour hire employer and Boom Logistics Ltd (Boom) (as the regulated host) in respect of Readi employees supplied to Boom to perform work at the Newmont Boddington Goldmine (Newmont Boddington).[1] The host employment instrument is the Boom Logistics Newmont Boddington Gold Crane Services Agreement 2025[2] (Boom EA).

It is uncontroversial that Boom has engaged Readi to supply its employees to perform work at Newmont Boddington, and that Readi is a subsidiary of Boom.[3]

The CFMEU submitted that on the basis of the material filed, the Commission could safely make the following findings:

(a) Boom is engaged, in relation to its operations at the Boddington Project, by its client Newmont to provide crane and other services for the purposes of shutdown and maintenance work.[4]
(b) Boom has operated at the Boddington Project since 2009.[5]
(c) Boom employs workers, including crane operators and riggers, to work at the Boddington Project.[6]
(d) There are Boom employees engaged at the Boddington Project, including riggers and doggers, who are members of the CFMEU.[7]
(e) Readi also supplies workers including, crane operators and riggers, to work at the Boddington Project.[8]
(f) There are Readi employees engaged as crane operators and riggers at the Boddington Project, who are CFMEU members.[9]
(g) Readi employees who would be the beneficiary of this application:
i. perform the same work as Boom’s directly employed employees;[10]
ii. work, at all times, under Boom’s control and direction;[11]
iii. report almost exclusively to Boom management;[12]
iv. use Boom’s plant and equipment;[13]
v. wear Boom uniforms and personal protective equipment;[14]
vi. work for Boom’s benefit;[15]
vii. take breaks at the same time and places as Boom employees;[16]
viii. undergo the same training and inductions as Boom employees; and
ix. when pre-starts are held by Boom at the Boddington Project, attend the pre-starts
alongside Boom employees.[17]

Readi and Boom have each filed a Form F86A response to the application. Boom indicated in its response that it objected to the Application on grounds that it is not fair and reasonable in all the circumstances to make the proposed regulated labour hire arrangement order (per s 306E(2) and(8) of the Act). Similarly, Readi made the same objection. However, on 17 October 2025, Readi and Boom filed joint submissions pursuant to a direction…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Application by Construction, Forestry and Maritime Employees... and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2025] FWC 3154
Decision Date: 22 OCTOBER 2025

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied under section 306E of the Fair Work Act 2009 (Cth) for a regulated labour hire arrangement order concerning Shutdown Staffing Pty Ltd (Readi), trading as Readi, and Boom Logistics Ltd (Boom). The application was made in respect of Readi employees supplied to Boom to perform work at the Newmont Boddington Goldmine. The CFMEU argued that Readi employees perform work identical to Boom's directly employed employees, under Boom's control, and share similar working conditions and benefits. Both Readi and Boom initially opposed the application but later withdrew their objections and submitted a draft order for the Commission’s consideration.

The primary legal issue before the Deputy President was whether the requirements under section 306E of the Fair Work Act were satisfied to justify the making of a regulated labour hire arrangement order. This included determining whether Readi’s employees perform work that constitutes a supply of labour rather than the provision of a service, and whether it is fair and reasonable to impose such an order. The court also needed to consider the evidence and submissions provided by the parties, including the witness statements of Michael Chaplin and Rhys Cardinal.

The Deputy President found that the CFMEU was entitled to apply for a regulated labour hire arrangement order under section 306E(7)(c) of the Act. The requirements of section 306E(1) were met, as Readi supplies employees to Boom to perform work at Newmont Boddington, and Boom is not a small business employer. The court was satisfied that the work performed by Readi employees is for the supply of labour and not the provision of a service. Given that both Readi and Boom no longer objected to the fairness and reasonableness of the order, the Deputy President concluded that it was appropriate to make the regulated labour hire arrangement order. The order will come into effect on 17 November 2025, as agreed by the parties.

The final orders will be published by the Fair Work Commission, specifying the terms and conditions of the regulated labour hire arrangement order, in line with section 306E(9) of the Act.

Orders