Application by Steven Galt - [2025] FWC 1290

[2025] FWC 1290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Application by Steven Galt

(LH2025/16)

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 National Disability Insurance Agency.

Steven Galt 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 National Disability Insurance Agency (NDIA) as the regulated host and Randstad Pty Ltd as the labour hire employer (Randstad). The applicant is the proposed regulated employee who performs work in a Planner Support role within the Learning and Development team at the NDIA. The host employment is the National Disability Insurance Agency Enterprise Agreement 2024-2027[1] (Agreement).

In his application, Mr Galt describes how Randstad supplies his labour for the performance of work to the NDIA as follows:

Randstad Pty Ltd, as the labour hire employer, supplies the applicant to the National Disability Insurance Agency to perform duties within the Learning and Development / Operations teams. These duties include booking and scheduling appointments with participants and their supporting networks, preparing learning and development materials, providing administrative support to internal training functions, and participating in the performance and development processes with the host employer. The applicant performs the same or substantially similar work as directly[‑]employed APS4 NDIA staff, under the same supervision using the same systems.

The application further explains how the performance of work by Mr Galt is for the supply of labour and is not and will not be for the provision of a service as follows:

The performance of the work is not, and has never been, for the provision of a service by Randstad to the NDIA. Instead, Randstad supplies labour — specifically the applicant — to the NDIA, where the work is performed directly under the direction, control and supervision of NDIA staff.

The applicant:
•Is integrated into NDIA’s internal teams and organisational structure
•Reports directly to NDIA supervisors and managers
•Uses NDIA equipment, systems (including CRM, Panda, Pace and Outlook) and work instructions
•Participates in the NDIA’s performance and development processes
•Contributes to internal [N]DIA objectives alongside directly employed[] APS Staff

Randstad does not direct or manage the day to day work performed. The relationship is clearly one of labour hire, not the delivery of an external or discrete service.

Randstad and the NDIA have each filed a Form F86A in which they have indicated that they do not object to the proposed order being made. However, both parties raised other potential issues in their responses. Randstad stated that it could not comment on the work performed by the applicant as it does not direct or manage his work, and from the information available to it, it is not satisfied that the applicant is currently paid less than the Agreement rate for the type…

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 Steven Galt

Details

AGLC: Application by Steven Galt [2025] FWC 1290
Case: [2025] FWC 1290
Decision Date: 9 MAY 2025

CaseChat Overview and Summary

The case involves an application by Steven Galt for a regulated labour hire arrangement order, under section 306E of the Fair Work Act 2009 (Cth), against Randstad Pty Ltd, with the National Disability Insurance Agency (NDIA) as the regulated host. The application seeks to regulate the labour hire arrangement between Mr Galt, who works as a Planner Support in the Learning and Development team at the NDIA, Randstad Pty Ltd, and the NDIA itself. The Fair Work Commission heard the application and made a decision on 9 May 2025.

The legal issues before the court involved determining whether the applicant was entitled to apply for a regulated labour hire arrangement order under section 306E(7)(a) of the Fair Work Act 2009 (Cth), and whether the requirements of section 306E(1) of the Act were met to enliven the obligation to make such an order. Additionally, the court needed to decide if the performance of work by Mr Galt was for the supply of labour and not for the provision of a service, as required by section 306E(1A) of the Act. The court also had to consider whether it was fair and reasonable to make the regulated labour hire arrangement order, in accordance with section 306E(2) of the Act.

The court found that Mr Galt was a regulated employee entitled to apply for a regulated labour hire arrangement order under section 306E(7)(a) of the Act. The requirements of section 306E(1) of the Act were also satisfied, as Randstad Pty Ltd supplied Mr Galt's labour to the NDIA, the Agreement would apply to Mr Galt if he was directly employed by the NDIA, and the NDIA is not a small business employer. The court also determined that the performance of work by Mr Galt was for the supply of labour and not for the provision of a service, as required by section 306E(1A) of the Act. As no submissions were made in relation to the matters listed in section 306E(8) of the Act, the court was not required to have regard to those matters when deciding if it was fair and reasonable to make the regulated labour hire arrangement order. Consequently, the court was required by section 306E of the Act to make the regulated labour hire arrangement order sought by Mr Galt.

The court ordered that a regulated labour hire arrangement order be made in respect of Randstad Pty Ltd in relation to work performed for the National Disability Insurance Agency. The order will be published together with this decision, setting out the matters specified in section 306E(9) of the Fair Work Act 2009 (Cth). The operative date of the order will be 20 May 2025.

Orders