Same Job, Same Pay

Fair Work Act

As part of the Fair Work Act, recruitment agencies and employers are required to comply with the "Same Job, Same Pay" provisions. These rules ensure that temporary employees (employed via recruitment agency or directly by the employer) performing substantially the same duties as directly employed staff are entitled to the same pay rates and monetary benefits, including any applicable enterprise agreement terms.

This requirement applies if:

  • Your organisation (including subsidiaries, head office, or related entities) has more than 15 staff, and
  • The temporary employee has been engaged with your organisation for more than three months.

To comply with these legal obligations and avoid potential penalties, it is essential for us to verify the size of your organisation, the duties performed by the temporary employee, and how these duties compare to those of your directly employed staff. This information will help us determine whether "Same Job, Same Pay" applies to this placement, listed below.

Please note: Failure to comply with the 'Same Job, Same Pay' provisions may result in the Fair Work Commission imposing back pay penalties and fines on your organisation.

We appreciate your cooperation.

Same job, same pay

Temp details
Employer details

Less than 15 Staff
More than 15 Staff - Not doing a similar role
More than 15 Staff - Someone is doing a "majority" similar role (a like-for-like)
If "More than 15 staff" and the temp is doing a "majority" similar role, please complete the two boxes below
Please list all other payments and their value. E.g. Parking = $2000, Day off on December 24th, Expected bonuses etc.
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