Fair Work Commission|2026-01-08

Transport Workers' Union of Australia [2026] FWC 46 (8 January 2026)

s.536PD - Commission may make a road transport contractual chain order

Part 3B - road transport contractual chain order - Application by Transport Workers' Union of Australia.

[1] On 18 December 2025 the Transport Workers' Union of Australia (TWU) made an application pursuant to s. 536PE of the Fair Work Act 2009 (Cth) (the Application) for a road transport contractual chain order. Section 536PD provides that, on application by an organisation that is entitled to represent the industrial interests of one or more persons in a road transport contractual chain the Fair Work Commission (the Commission) may make a road transport contractual chain order.

[2] A road transport contractual chain is defined in s. 15RA as follows:

(1) A road transport contractual chain means a chain or series of contracts or arrangements:

(a) under which work is performed for a party to the first contract or arrangement in the chain or series by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee; and

(b) in which at least one party to the first contract or arrangements in the chain or series is a constitutional corporation.

[3] An application for an order must specify the classes of persons to be covered by the order. The Application specifies the following classes of persons:

parties, within the meaning of s 15RA(2)(a) of the Fair Work Act 2009 (Cth), to the first contract or arrangement in the road transport contractual chain the subject of this order, including the client (which may include large building and construction companies including Downer, Lendlease, CIMIC Group, John Holland, Multiplex and Mirvac); and

parties to subsequent contracts or arrangements in the road transport contractual chain the subject of this order for the purposes of s 15RA(2)(b) of the FW Act, being contracts or arrangements under which work is performed by regulated road transport contractors under services contracts or employees;

regulated road transport contractors who perform work under a services contract in the contractual chains the subject of this order for the purposes of s 15A(2)(c) of the FW Act; and

[3] Section 536PM requires that an order made under s. 536PD include a term setting out the work to be covered by the order. The Application proposes the work to be covered by the proposed order is the carriage of concrete in vehicles configured to cart 5 metres cubed of concrete or more (concrete cartage work).

[4] In accordance with the Commission's usual practice the application has been published on the Commission's website.

[5] In correspondence directed to the President which accompanied the Application, the TWU requested that the Commission deal with the application on an urgent basis. A copy of the correspondence is also published on the Commission's website. In it the TWU proposed that the Commission convene a conference pursuant to s. 590 "to inform itself by requiring a person from the relevant entities to attend the Commission and participate in the dispute process and discussions for a proposed contract chain order".

[6] The TWU was directed to provide a list of parties who may have an interest in the Application and to provide those entities with a copy of the Application. A copy of the list of relevant parties provided is attached as Annexure A. A Directions Hearing was conducted on 30 December 2025 to consider the request for urgency and to canvass views on how the Application should proceed. During that hearing the TWU pressed its request for an urgent conference and also requested that the Commission take steps to consult with the Road Transport Advisory Group.

[7] At the Directions Hearing the TWU asserted that the matter was urgent due to current contractual renegotiations in the concrete cartage sector and the impact those negotiations were having on matters bearing upon the orders sought in the Application. A key date in those negotiations was identified as 13 April 2026. Other parties indicated that contract negotiations in the industry were progressing in an orderly fashion; some negotiations had been finalised, and State based institutions, including the Industrial Relations Commission of NSW and the Road Freight Transport Industry Tribunal which operates within the Western Australian Industrial Relations Commission, were actively assisting in finalising negotiations in relation to other contracts. It was accepted that there was ongoing disputation in Victoria concerning contracts in Melbourne.

[8] The information provided is incomplete. While it suggests that contract negotiations in some parts of the industry have concluded or are being dealt with by State based tribunals, there is acceptance of ongoing disputation in Melbourne and no information about other States and Territories.

[9] Section 536PF(2)(a) requires that the Commission must not make or vary a road transport contractual chain order unless there has been genuine engagement with the parties to be covered. I am satisfied that there is a need for the Commission to engage with relevant parties to inform itself further of the matters raised by the Application and the matters raised by the TWU concerning the current contract negotiations. I consider the appropriate means of doing so is to conduct a conference pursuant to ss. 590(2)(h) and 592.

[10] A conference will be conducted on 4 February 2026 to discuss the matters raised by the Application, identify any dispute over those matters, and attempt to confine the issues in dispute. All interested parties are requested to provide a written response to the Application prior to the conference. Those responses are to be provided by email to rws@fwc.gov.au and will be posted on the Commission's website. The conference will also deal with the issues raised by the TWU in its correspondence of 18 December 2025. The TWU was asked to provide a list of the key parties involved in the renegotiations of current contracts. The list is attached as Annexure B. It is expected that the key parties will attend the conference in person. Other interested parties may also attend. Arrangements will be in place for others to attend by video by request. Further conferences will be scheduled should they be necessary.

(1) The entities listed in Attachment A to this Statement are to lodge a written response to the Application by email to rws@fwc.gov.au by 5:00 pm (AEDT) on Wednesday, 28 January 2026.

(2) The matter is listed for Conference in person, at 80 William st, Sydney at 10:00 am (AEDT) Thursday, 5 February 2026. A notice of listing will be published with this statement.

(3) The following dates are reserved for further conferences should they be necessary; 19 February 2026 and 4 March 2026.

Printed by authority of the Commonwealth Government Printer

Adelaide Brighton (Parent company of Central/Hy-Tec)

No response or details provided. Closed for holiday period.

Transport Workers' Union of Australia [2026] FWC 46 (8 January 2026)

At a glance

Court

Decision date

Source

Judgment (31 paragraphs)

Transport Workers' Union of Australia [2026] FWC 46 (8 January 2026)

Legislation Cited (1)