Application by Rhomany Ricciardo - [2025] FWC 1286

[2025] FWC 1286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.306E—Application for a regulated labour hire arrangement order

Application by Rhomany Ricciardo

(LH2025/15)

JUSTICE HATCHER, PRESIDENT

SYDNEY, 9 MAY 2025

Application for a regulated labour hire arrangement order in respect of Randstad Pty Ltd in relation to work performed for the Department of Veterans’ Affairs.

Rhomany Ricciardo has applied under s 306E of the Fair Work Act 2009 (Cth) (FW Act) for a regulated labour hire arrangement order to apply to the Department of Veterans’ Affairs (DVA) as the regulated host, and Randstad Pty Ltd as the labour hire employer (Randstad). The applicant is employed by Randstad and performs work as a Claims Support Officer in the Permanent Impairment Team for the DVA. The host employment instrument is the DVA Enterprise Agreement 2024-2027[1] (Agreement).

In her application, Ms Ricciardo describes how Randstad supplies her labour to the DVA (and how that arrangement is not for the provision of a service) as follows:

The Employer provides the Regulated Employee a 12[-]month assignment with the Regulated Host to perform APS4 duties and requirements at the [DVA] for the Australian Public Service. The Regulated Host instructs and manages the day-to-day work for action by the Regulated Employee. The Employer has no say or input in the Regulated Employee duties or performance and is only responsible for remuneration. There is no contact or direction between the Regulated Employee and the Employer. …

The Regulated Employee is responsible to fulfil all aspects of an Employee at an APS4 level within the Australian Public Service at the [DVA]. The Regulated Host instructs the day-to-day work for action by the Regulated Employee including the management of performance agreements where applicable. The Regulated Employee is to participate in mid[‑]cycle/end[‑]cycle Individual Performance Agreements, training sessions (both in-person and online) and ensuring assigned modules are completed via the [DVA’s] electronic learning management system. …

… The Regulated Employee represents [the DVA] [and] is responsible for direct interaction with the Veterans/Representatives to process Permanent Impairment Claims Australia[-]wide.

Randstad and the DVA have each filed a Form F86A response indicating they do not take issue with the factual contentions relevant to the requirements of s 306E in Ms Ricciardo’s application and do not oppose her application. No other party has indicated an interest in the application. The DVA attached a draft order to its Form F86A.

On 6 May 2025, Randstad and the DVA each confirmed during a directions hearing in respect of this matter that they do not contest any of the factual assertions in the application. Further, the applicant and Randstad each confirmed they do not oppose the DVA’s draft order or its proposed operative date. Accordingly, on the basis of the material in the application and the Form F86A responses, and applying the principles outlined in Application by the Mining and Energy Union,[2] I make the following findings.

I am satisfied that Ms Ricciardo is a regulated employee…

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.

Continue reading Application by Rhomany Ricciardo

Details

AGLC: Application by Rhomany Ricciardo [2025] FWC 1286
Case: [2025] FWC 1286
Decision Date: 9 MAY 2025

CaseChat Overview and Summary

Rhomany Ricciardo has applied to the Fair Work Commission under s 306E of the Fair Work Act 2009 for a regulated labour hire arrangement order in relation to her employment with Randstad Pty Ltd and her work for the Department of Veterans’ Affairs. The applicant is employed by Randstad but performs her work for the Department of Veterans’ Affairs, and she asserts that this arrangement should be regulated under the Fair Work Act. The Commission was required to determine whether Ms Ricciardo's employment arrangement with Randstad and her work for the Department of Veterans’ Affairs constituted a regulated labour hire arrangement, and whether it was fair and reasonable to make the order sought by Ms Ricciardo. The Commission found that the requirements of s 306E(1) of the Act were met, as Randstad supplied Ms Ricciardo to perform work for the Department of Veterans’ Affairs, the Department of Veterans’ Affairs Enterprise Agreement 2024-2027 would apply to her if she were employed directly by the Department of Veterans’ Affairs, and the Department of Veterans’ Affairs is not a small business employer. Additionally, the Commission found that Ms Ricciardo's work was not for the provision of a service, but rather for the supply of labour, and that it was fair and reasonable to make the regulated labour hire arrangement order. The Commission made the regulated labour hire arrangement order sought by Ms Ricciardo, effective from 12 May 2025.

Orders