March 12, 2026
The Mining and Energy Union has warned that mining companies are already testing new ways to dodge Same Job Same Pay laws, calling for further reforms to stop employers reopening loopholes workers fought to close.
In its submission to the independent review of the Closing Loopholes reforms, the union outlined how the laws are already delivering major pay rises for labour hire workers – but identified several emerging tactics being used by companies to weaken their impact.
Mining and Energy Union General President Grahame Kelly said the reforms had begun restoring fairness in an industry where labour hire had been widely used to undercut wages.
“For decades mining companies used labour hire to drive down wages and conditions across the industry,” Mr Kelly said.
“Same Job Same Pay has started to turn that around. Workers doing the same job on the same site are finally being paid the same.”
“But as soon as workers win something, some companies immediately start looking for the next loophole.”
The union’s submission identifies several areas where the laws need strengthening.
These include preventing labour hire arrangements from being restructured and relabelled as “service contracts”, closing a traineeship loophole that allows labour hire workers to be paid less, and ensuring companies cannot use complex corporate structures to avoid the laws.
Mr Kelly said the union had also called for changes to stop employers delaying Same Job Same Pay cases through lengthy legal processes.
“Right now companies can drag these cases out for months while continuing to pay workers less,” he said.
“That creates a clear incentive for delay.”
“We are calling for orders to apply from the date the application is made so companies cannot profit from dragging things out.”
The MEU submission also calls for labour hire workers to receive the same conditions as directly employed workers, not just the same pay.
“If you are doing the same job on the same site, you should have the same conditions as well,” Mr Kelly said.
“That means equal access to training, amenities, rostering rights and the opportunity to apply for permanent jobs.”
Mr Kelly said the reforms were already delivering real benefits for workers and regional communities.
“Same Job Same Pay has already delivered hundreds of millions of dollars in wage increases for workers across the industry,” he said.
“That money flows straight back into regional towns and communities.”
“The reforms are working. What we need to do now is make sure companies cannot reopen the loopholes workers fought so hard to close.”
You can read the MEU’s submission here.