Same Job Same Pay: what labour hire orders mean in mining

How an order works

• The order is called a regulated labour hire arrangement order. The minimum rate it sets is the protected rate of pay.
• The Commission only makes an order when someone applies: a labour hire employee, an employee of the host, a union, or the host itself.
• Labour hire employers cannot apply for an order.

Orders in mining

Orders have been made at New South Wales coal mines following Mining and Energy Union applications, including Rix's Creek (January 2025), Mangoola (July 2025) and Hunter Valley Operations (August 2025).

What it means for your agency

• The labour hire employer still pays the employee and provides their entitlements.
• When an order covers a host, you can't pay the covered employees less than the protected rate.
• Check whether an order applies to a host before you quote rates to candidates.