Creates a new emergency pathway for road transport contractual chain orders (RTCCOs). An RTCCO is a binding Fair Work Commission (FWC) order that sets minimum standards for people working in road transport contractual chains (including some contractors and "employee‑like" workers).
Gives the Minister power to declare an application for an RTCCO (or for varying/revoking one) an "emergency application" by a notifiable instrument if the Minister is satisfied of three things: (1) an event or series of events has occurred or is occurring; (2) it is having, or is likely to imminently have, a significant national negative impact on the road transport industry; and (3) it is in the public interest (see s.536PEA inserted by the Act).
Treats any RTCCO made or varied following such a Ministerial declaration as a "time‑sensitive RTCCO" (defined in s.12). Time‑sensitive RTCCOs are subject to a different, shorter procedural regime (multiple amendments across Part 3B‑2).
Allows the FWC to bring a time‑sensitive RTCCO into effect sooner than the standard 12‑month lead time (s.536NT). For time‑sensitive orders the FWC can set a commencement period it considers reasonable (and retains the existing 6‑month emergency reduction route as an alternative).
Enables much shorter consultation and submission periods for time‑sensitive RTCCOs: the Act says a "short period" for written submissions may be a reasonable opportunity, leaving the length to the FWC's judgment (s.536PH(1A), s.536QM(1A)).
Requires time‑sensitive RTCCOs to include one or more terms related to the triggering event (for example, payment times, fuel levies, rate reviews, termination, cost recovery) (new s.536PQA).
The Fair Work Amendment (Fairer Fuel) Act 2026 amends the Fair Work Act 2009 to insert definitions and procedures for emergency applications relating to road transport contractual chain orders. Item 1 of Schedule 1 inserts into section 12 the terms emergency application and time-sensitive road transport contractual chain order. Item 8 inserts new section 536PEA, which empowers the Minister to determine by notifiable instrument that an application to make, vary or revoke a road transport contractual chain order is an emergency application. Under subsection 536PEA(3) the Minister must be satisfied, having regard to the road transport objective in section 40D, that an event or circumstance or series of events or circumstances has occurred or is occurring, that it is currently having or is likely to imminently have a significant national negative impact on the road transport industry, and that it is in the public interest to make the determination. Item 2 repeals and replaces subsection 536NT(4) so that the Fair Work Commission may reduce the usual 12-month period before a time-sensitive road transport contractual chain order takes effect to another period the Commission considers reasonable. Items 10, 11 and 12 amend consultation requirements in sections 536PH and 536PJ to allow the Commission to treat a short period for written submissions as a reasonable opportunity when the draft order is time-sensitive and to reduce the subsequent 12-month consultation period for revised drafts to a period the Commission considers reasonable. Item 16 inserts new section 536PQA requiring a time-sensitive road transport contractual chain order to include one or more terms relating to the triggering event or circumstance, which may address payment times, fuel levies, rate reviews, termination including one-way termination for convenience, and cost recovery. Items 19 to 27 amend suspension provisions in sections 536PX, 536PY and 536QG so that the maximum suspension period for a time-sensitive road transport contractual chain order is three months rather than 12 months and the timeframe within which the Minister must make a suspension declaration is likewise reduced to the relevant three-month period. Items 28 to 30 make parallel changes to consultation periods for variations or revocations of time-sensitive orders whose operation has been deferred. Item 31 provides that the amendments apply only to determinations made on or after commencement in relation to applications made on or after commencement, ensuring the new framework is not retrospective. The Act received royal assent on 1 April 2026 as Act No. 20 of 2026 and commenced on 2 April 2026.
Official source available
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Amends the Fair Work Act 2009 to: allow the minister to determine that an application relating to a road transport contractual chain order (RTCCO) is an emergency application in the event of time-sensitive circumstances or circumstances that negatively impact the road transport industry nationally; and enable the Fair Work Commission to make RTCCOs in an expedited manner.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
26 Mar 2026
Second reading moved
26 Mar 2026
Second reading debate
26 Mar 2026
Second reading agreed to
26 Mar 2026
Third reading agreed to
26 Mar 2026
Senate
Introduced and read a first time
26 Mar 2026
Second reading moved
26 Mar 2026
Second reading debate
30 Mar 2026
Second reading agreed to
30 Mar 2026
Third reading agreed to
30 Mar 2026
Finally passed both Houses
30 Mar 2026
Assent
Act no: 20
Year: 2026
01 Apr 2026
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
2nd reading amendment
WATSON-BROWN, Elizabeth, MP
2nd reading amendment
SMALL, Ben, MP
Detail - Crossbench
SPENDER, Allegra, MP
Senate
2R - One Nation [sheet 3747]
HANSON, Sen Pauline
2R - Opposition [sheet 3750]
Changes suspension timeframes for orders: suspensions for time‑sensitive RTCCOs must not exceed 3 months (rather than the 12‑month maximum that applies to ordinary RTCCOs); related timing rules are adjusted throughout the RTCCO provisions (see ss.536PX, 536PY, 536QG as amended).
Exempts emergency applications from the FWC President’s ordinary prioritisation direction under subsection 582(4D) when deciding such applications (new s.536PF(3)), letting the FWC prioritise emergency applications ahead of other matters.
Limits the new emergency pathway to applications made after the commencement of the amendments (transitional Part 22, s.131).
Who decides, who pays, and what behaviour changes
Who decides: the Minister decides whether an application is an "emergency application" (s.536PEA(3)). The FWC decides whether to make, vary or revoke an RTCCO and how quickly it will come into effect (ss.536NT, 536PJ, 536QN as amended). The FWC also determines how long consultation periods and suspensions will run within the constraints set by the Act.
Who pays / who is directly affected: regulated road transport contractors, road transport "employee‑like" workers and other persons in road transport contractual chains are the subjects of RTCCOs. RTCCO terms can direct upstream parties (for example, clients or principals in a contractual chain) to changes such as fuel levies or cost‑recovery mechanisms; therefore commercial counterparties in supply chains may see contractual and cash‑flow effects (new s.536PQA and related amendments).
Behaviour changes the law enables: the FWC can make orders faster in nationally significant, time‑sensitive events; it can require or allow fuel‑cost pass‑throughs, adjusted payment timing, rate reviews or specific termination or cost‑recovery terms targeted to the triggering event (new s.536PQA).
Official rationale and the Act’s stated limits
The Explanatory Memorandum and parliamentary materials say the amendments are intended to let regulators respond quickly to sudden disruptions (the EM uses fuel‑price spikes as the motivating example). The Act does not limit the emergency power to fuel shocks — it applies to any event or series of events meeting the statutory test in s.536PEA(3).
The Act embeds some constraints: the Minister must have regard to the statutory "road transport objective" (s.40D) when making a declaration; the time‑sensitive order must include terms related to the triggering event (s.536PQA); suspension and consultation periods are shortened but remain subject to specified maximums and to FWC judgment.
Costs, incentives, trade‑offs, and implementation risks (practical mechanics, not value judgments)
Concentrated decisions, diffuse effects: a single Ministerial determination (s.536PEA) can trigger an expedited rule‑making process that produces legally binding RTCCO terms affecting many businesses along supply chains. That concentrates decision power at the Minister while producing effects that are dispersed across many commercial parties.
Discretion and legal thresholds: the statutory test in s.536PEA(3) requires the Minister to be "satisfied" of events having, or imminently having, a "significant national negative impact" and to have regard to the road transport objective (s.40D). The test is fact‑sensitive and leaves scope for judgement; the EM says the Minister is expected to have a rational evidential basis for satisfaction, but the Act itself sets no objective numeric thresholds.
Speed vs. consultation: the Act permits much shorter consultation windows for time‑sensitive RTCCOs (s.536PH(1A), s.536QM(1A)) and gives the FWC discretion to set "reasonable" shorter periods (s.536NT replacement and related provisions). This reduces delay but also reduces the time for affected parties to respond, increasing the risk that some stakeholders (particularly smaller or less‑resourced firms) cannot meaningfully participate.
Compliance and administrative burden: time‑sensitive RTCCOs can require new contractual terms (s.536PQA). Businesses will need to review contracts and downstream pricing, and may face negotiation or litigation risk if upstream parties resist cost reallocation. The FWC will need procedures to process expedited consultations and to document reasons for expedited decisions.
Rent‑allocation and passing‑on effects: because RTCCOs may specify fuel levies and cost‑recovery mechanisms (s.536PQA(2)), the immediate benefit (or cost relief) may flow to firms that previously bore fuel cost shocks (for example, small operators). The costs could be shifted upstream to shippers, retailers or manufacturers; the Act does not specify how net costs are distributed, only that the FWC can set required terms.
Prioritisation and resource constraints: the Act permits the FWC to treat emergency applications as outside an existing Presidential prioritisation direction (s.536PF(3)). That gives the FWC flexibility, but it implicitly requires reallocation of finite FWC resources and may delay other non‑emergency matters.
Time limited vs. structural change: time‑sensitive RTCCOs are designed to be event‑linked and have shorter suspension periods (3 months) and a defined emergency window (Ministerial determination lasts up to 6 months unless earlier finalisation — s.536PEA(2)). However, the Act creates a standing statutory emergency mechanism rather than a one‑off temporary measure; that makes the pathway reusable for future events that meet the statutory test.
Accountability and review pathways
The Bill’s EM and parliamentary materials discussed review limits (the EM stated Ministerial determinations would be exempt from merits review under the Administrative Decisions (Judicial Review) Act 1977 but still open to judicial review in the courts). That is a statement in explanatory materials; the Act text provides for Ministerial notifiable instruments (s.536PEA(3)) but does not itself set out merits‑review exclusions. Judicial review remains available to challenge legality (e.g. by way of judicial review in the Federal Court or High Court) where legal error is alleged.
Net practical effect (concise)
The Act gives the Minister a power to flag RTCCO applications as "emergency applications" (s.536PEA), and obliges the FWC to be able to make and implement RTCCOs faster and with shorter consultation where the order is "time‑sensitive" (various amendments, especially s.536NT and new s.536PQA). That enables legally binding contractual‑chain adjustments (including fuel levies and cost‑recovery terms) to be imposed in response to nationally significant, time‑sensitive disruptions, subject to the Minister’s declaration and the FWC’s expedited processes.
(Primary statutory references: definition and emergency test — s.12 and new s.536PEA; shortened commencement and consultation — amended s.536NT, s.536PH(1A), s.536PJ(3), s.536QN; required terms for time‑sensitive orders — new s.536PQA; suspension timing — amended ss.536PX, 536PY, 536QG; non‑retrospective application — Part 22 s.131.)
Main concepts
The central concepts are emergency application and time-sensitive road transport contractual chain order. An emergency application is an application for the making, variation or revocation of a road transport contractual chain order that the Minister has determined under subsection 536PEA(3) meets the statutory criteria of a significant national negative impact on the road transport industry. A time-sensitive road transport contractual chain order is any road transport contractual chain order made or varied as a result of such an emergency application. Road transport contractual chain orders themselves are instruments made by the Fair Work Commission under section 536PD that set minimum standards for regulated road transport contractors, road transport employee-like workers and other persons in a road transport contractual chain. These orders may contain terms on matters including payment times, fuel levies, rate reviews, termination and cost recovery, but do not confer rights or impose obligations on employees. The road transport objective in section 40D requires the Expert Panel for the road transport industry to take into account the need for an appropriate safety net of minimum standards that ensure the industry is safe, sustainable and viable while avoiding unreasonable adverse impacts on sustainable competition, business viability, innovation, productivity, administrative and compliance costs, supply chain sustainability and the national economy. The new framework distinguishes time-sensitive orders from ordinary orders by permitting shortened consultation and commencement periods, mandatory inclusion of terms addressing the triggering event or circumstance, exemption from presidential prioritisation directions under subsection 582(4D), and a maximum suspension period of three months. The Minister's determination is made by notifiable instrument and is exempt from merits review under the Administrative Decisions (Judicial Review) Act 1977 while remaining subject to judicial review.
Who it affects
The amendments directly affect participants in the road transport industry who operate within contractual chains, including owner-drivers, small transport businesses, larger logistics operators, retailers, mining companies and manufacturers that engage road transport services. Regulated road transport contractors and road transport employee-like workers who may be covered by future road transport contractual chain orders are affected because time-sensitive orders can now include binding terms on fuel levies and cost recovery that respond to sudden cost pressures. The Fair Work Commission is affected because it must apply different procedural rules, including shortened consultation periods and earlier commencement dates, when dealing with emergency applications and must include specific terms in time-sensitive orders. The Minister for Employment and Workplace Relations is given new statutory power to determine emergency applications by notifiable instrument after considering the road transport objective. Upstream supply chain participants such as supermarkets and manufacturers may face obligations to absorb or share fuel cost increases through the terms of any resulting order. Industry associations including the Australian Trucking Association, National Road Transport Association and Transport Workers Union represent members whose commercial arrangements and safety outcomes are influenced by the timing and content of orders. Non-employee workers in the road transport industry who fall outside traditional employee definitions are the intended beneficiaries of the minimum standards framework that these procedural changes accelerate. The changes do not apply to existing applications or orders made before 2 April 2026.
What people will want to know
People will want to know how quickly a time-sensitive road transport contractual chain order can now take effect. Under the amended subsection 536NT(4) the Fair Work Commission may reduce the ordinary 12-month waiting period to any period it considers reasonable when the order is time-sensitive. They will want to know what triggers an emergency application. The Minister may determine an application is an emergency application only when satisfied that an event or series of events is having or is likely imminently to have a significant national negative impact on the road transport industry and that it is in the public interest, having regard to the road transport objective. They will want to know what terms must be included. New section 536PQA requires every time-sensitive order to contain one or more terms relating to the triggering event or circumstance, which may cover fuel levies, payment times, rate reviews, termination rights and cost recovery. They will want to know how long consultation can be shortened. Subsection 536PH(1A) clarifies that a short period for written submissions may constitute a reasonable opportunity for time-sensitive drafts, and the Commission may reduce the 12-month consultation period for revised drafts to a period it considers reasonable. They will want to know the maximum suspension period. For time-sensitive orders the Minister and the Commission may suspend the order for no more than three months rather than 12 months. They will want to know whether the changes are retrospective. Item 31 limits the new powers to applications made on or after 2 April 2026. They will want to know whether the Minister's determination is reviewable. Determinations are exempt from merits review but remain subject to judicial review in the Federal Court or High Court.
Status and what happens next
The Bill was introduced in the House of Representatives on 26 March 2026, passed both Houses on 30 March 2026 and received royal assent on 1 April 2026 as the Fair Work Amendment (Fairer Fuel) Act 2026, Act No. 20 of 2026. It commenced on 2 April 2026. The framework is now available for use. The Minister may determine that a new application for a road transport contractual chain order, or for variation or revocation of an existing order, is an emergency application if the statutory criteria are met. The Fair Work Commission may then apply the expedited procedures to that application. At the time of writing the official materials records three active applications before the Commission, all made by the Transport Workers Union of Australia, none of which had been finalised. Future applications lodged on or after 2 April 2026 may be the subject of emergency determinations. The Fair Work Ombudsman continues to publish information about the operation of road transport contractual chain orders and related guidelines. No further parliamentary action is required for the Act to operate. The Commission will determine on a case-by-case basis what constitutes a reasonable shortened consultation or commencement period depending on the circumstances of each emergency application.
Powers, duties and rights created
The Act creates a new power for the Minister under subsection 536PEA(3) to determine by notifiable instrument that an application is an emergency application when the three statutory criteria are satisfied. The Minister has a duty to have regard to the road transport objective in section 40D when making that determination. The Fair Work Commission gains the power under amended subsection 536NT(4) to reduce the commencement period for time-sensitive orders to any period it considers reasonable. The Commission has a duty under new section 536PQA to include in every time-sensitive order one or more terms relating to the triggering event or circumstance. The Commission also has the power under subsection 536PH(1A) to treat a short period for submissions as reasonable and the power under amended subsection 536PJ(3) and new subsection 536QN(4) to reduce consultation periods for revised drafts. The Commission is relieved of the duty to follow presidential prioritisation directions under subsection 582(4D) when determining an emergency application. The Minister and the Commission each gain power to suspend a time-sensitive order for a maximum of three months under the amended provisions of sections 536PX and 536QG. Affected persons retain the right to make written submissions during whatever consultation period the Commission determines is reasonable. Judicial review rights under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution are preserved in respect of the Minister's determination. No new rights are conferred on employees, consistent with subsection 536PD(2).
Money, penalties and enforcement
The Act itself does not create new civil penalties, criminal offences or enforcement mechanisms. Existing provisions of the Fair Work Act 2009 governing compliance with road transport contractual chain orders continue to apply. Once a time-sensitive order takes effect its terms become enforceable through the Commission's usual powers to deal with contraventions of minimum standards orders. The official materials does not specify any new funding appropriations or cost-recovery mechanisms associated with the expedited process. The Explanatory Memorandum notes that the framework is intended to support timely regulatory responses to sudden disruptions such as sharp fuel price spikes, but does not quantify any fiscal impact. Industry participants may incur costs in complying with new terms relating to fuel levies or cost recovery once an order is made, and may also incur costs in participating in shortened consultation processes. No specific penalties for non-compliance with the new procedural requirements are introduced. The Minister's determination by notifiable instrument does not itself impose financial obligations.
Pressure points and controversies
The official materials records stakeholder positions and parliamentary debate that highlight policy trade-offs. The Australian Chamber of Commerce and Industry expressed concern that the Bill confers extraordinary ongoing powers of ministerial intervention rather than being limited to the current fuel price rise, and that the Commission may be asked to consider terms on payment or termination that divert focus from fuel prices and cost recovery. The National Road Transport Association welcomed the principle of allowing fuel costs to be passed through contractual chains but called for additional immediate measures including emergency financial support, a six-month moratorium on heavy vehicle loan repayments and removal of the Road User Charge, stating that most small to medium operators could not survive until Fair Work changes took effect. The Australian Trucking Association welcomed the Bill in light of diesel price increases from less than 166 cents per litre to more than 295 cents per litre. The Transport Workers Union welcomed the Bill as ensuring clients at the top of the supply chain pay a fair share of increasing fuel costs. In House of Representatives debate on 26 March 2026 several non-government members criticised the limited time available for scrutiny while accepting the need for urgent action on fuel prices. Proposed second reading amendments included one by Mr Ben Small MP calling on the Government to explain why provisions for a temporary crisis are permanent. Independent members raised questions about the narrowness of the definition of imminent and significant negative effects, transparency of ministerial decisions, safeguards against use in non-exceptional circumstances, protection of small operators, time-limiting of expedited orders, and potential effects on competition and downstream consumers. The Bills Digest notes that determinations are exempt from merits review but subject to judicial review, and that the Minister is expected to have a rational basis for satisfaction beyond generalised speculation.
What changes if it passes
Because the Act has received royal assent and commenced on 2 April 2026, the procedural framework for emergency applications is now in force. The Minister may determine that future applications lodged on or after that date are emergency applications when the criteria in subsection 536PEA(3) are met. The Fair Work Commission may then apply shortened consultation periods, commence time-sensitive orders earlier than the ordinary 12-month period, include mandatory terms addressing the triggering event such as fuel levies, and suspend such orders for a maximum of three months. Existing applications lodged before 2 April 2026 remain subject to the previous 12-month or six-month minimum periods. The three active applications before the Commission at the time of the Bills Digest may not benefit from the new expedited pathway unless fresh applications are made after commencement. Industry participants can expect that any future time-sensitive order responding to fuel price spikes or similar national disruptions will contain terms directly linked to those circumstances and will take effect more rapidly than under the pre-amendment regime. The requirement that the Minister consider the road transport objective provides a statutory limit on the circumstances in which the expedited pathway may be invoked. Judicial review remains available to challenge the Minister's determination.
Social post angles
Fuel price spike response now faster: the new Act lets the Fair Work Commission shorten the usual 12-month wait for road transport orders when the Minister declares an emergency. Minister gains targeted power: under section 536PEA the Minister can fast-track applications only when satisfied there is a significant national negative impact on the entire road transport industry. Time-sensitive orders must address the crisis: new section 536PQA requires every expedited order to include terms on fuel levies or cost recovery linked to the triggering event. Suspension periods cut to three months: time-sensitive orders can be suspended for a maximum of three months rather than the previous 12 months, aligning with their urgent nature. Consultation can be days not months: the Commission may treat a short period for written submissions as reasonable when dealing with time-sensitive drafts. No retrospective effect: the expedited framework applies only to applications made on or after 2 April 2026. Stakeholder divide on permanent powers: industry groups welcomed faster fuel cost pass-through while others questioned whether temporary crisis tools should remain permanently available. Supply chain fairness test: the changes aim to prevent upstream parties from pushing sudden fuel costs onto small operators and drivers at the bottom of contractual chains.
HUME, Sen Jane
CW - Australian Greens [sheet 3743]
POCOCK, Sen Barbara
CW - Opposition [sheet 3746]
MCKENZIE, Sen Bridget
CW - Opposition [sheet 3739]
HUME, Sen Jane
CW - Opposition [sheet 3742]
HUME, Sen Jane
CW - Opposition [sheet 3741]
HUME, Sen Jane
CW - Opposition [sheet 3738]
HUME, Sen Jane
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
The Fair Work Amendment (Fairer Fuel) Bill 2026 would amend the Fair Work Act 2009 to establish a framework for the Minister and Fair Work Commission (FWC) to enable road transport contract chain orders (RTCCOs) to take effect sooner.
RTCCOs can set minimum standards for workers in the road transport industry by containing terms relating to a range of matters including fuel levies and cost recovery. RTCCOs are similar to minimum standards orders that the FWC can make to cover employee-like workers doing digital platform work.
The Bill would empower the Minister to determine that certain applications to make, vary or revoke RTCCOs are emergency applications if, having regard to the road transport objective, the Minister is satisfied that events or circumstances have occurred or are occurring that are having, or are likely to imminently have, a significant national negative impact on the road transport industry.
RTCCOs that are made or varied in response to emergency applications are time‑sensitive RTCCOs.
The relevant effects of this framework would be that:
time-sensitive RTCCOs may take effect sooner
the FWC could determine a shorter period for consultation on the making, variation or revocation of time-sensitive RTCCOs
orders made by the President of the FWC regarding prioritisation of the FWC’s work do not apply to the determination of emergency applications
suspensions of time-sensitive RTCCOs could apply for a maximum of 3 months, instead of a maximum of 12 months for other RTCCOs.
At the time of writing, the Bill had not been referred to or reported on by any parliamentary committees.
Introductory Info
Date of introduction: 26 March 2026
House introduced in: House of Representatives
Portfolio: Employment and Workplace Relations
Commencement: The day after Royal Assent
Purpose of the Bill
The Fair Work Amendment (Fairer Fuel) Bill 2026 (the Bill) amends the Fair Work Act 2009 (FW Act) to ensure that certain road transport contractual chain orders (RTCCOs) can be made by the Fair Work Commission (FWC) and have effect more quickly than under the current legislation. RTCCOs affect the minimum standards for contractors, employee-like workers, and other workers in the road transport industry. They can include specific terms about matters such as fuel levies and cost recovery. RTCCOs do not confer rights or impose obligations on employees in the industry (FW Act, subsection 536PD(2).)
Currently, a period of at least 12 months must pass between the day the notice of intent for an RTCCO is published, and the day of that that RTCCO takes effect (FW Act, subsection 536NT(3)). If the FWC is satisfied that circumstances urgently require it, this period may be reduced to 6 months (FW Act, subsection 536NT(4)). Similar periods are in place regarding the variation and revocation of RTCCOs.
The Explanatory Memorandum (EM) recognises that mandatory consultation timeframes limit the FWC’s ability to respond promptly to disruptions which can adversely affect the industry, such as sharp fuel price spikes from overseas supply pressures (EM, p. 1).
As explained in the EM, ‘[t]he Bill is intended to support timely regulatory responses to sudden disruptions affecting the road transport industry, such as sharp increases in fuel prices, while retaining existing procedural safeguards and limiting the scope of the expedited arrangements’ (EM, p. 2).
The Bill would do this by empowering the Minister to determine if applications for RTCCOs are emergency applications and would define any RTCCO made or varied by the FWC in response to an emergency application to be a ‘time-sensitive road transport contractual chain order’ (time-sensitive RTCCO).
In addition to empowering the FWC to reduce the period before which time-sensitive RTCCOs could take effect, the Bill would also amend the applicable mandatory consultation periods for the making of certain RTCCOs and change the maximum suspension periods for RTCCOs.
Background
On 23 March 2026, the Minister for Employment and Workplace Relations Amanda Rishworth and the Minister for Infrastructure, Transport, Regional Development and Local Government Catherine King announced the proposed legislative changes to enable the making of emergency applications for RTCCOs.
The EM to the Bill states that ‘[t]he framework [to make RTCCOs] recognises that the road transport industry is characterised by complex contractual chains which mean that pay and conditions in the industry are often driven by upstream commercial pressures’ (EM, p. 1).
The Fair Work Ombudsman publishes information about the operation of RTCCOs, as well as related, non-binding guidelines.
Introduction of the framework
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Closing Loopholes Act) amended the FW Act in August 2024 to establish the framework for setting minimum standards for regulated workers. This was intended to provide greater workplace protections for gig workers and those engaged in the road transport industry, who may not meet the traditional definition of an ‘employee’. The Parliamentary Library’s Bills Digest for the Closing Loopholes Act contains some information about the operation of this framework as proposed (see, eg, p. 29).
RTCCOs set minimum standards and entitlements for contractors, employee-like workers and other people in road transport contractual chains. RTCCOs have binding legal effect. Terms to be included in a RTCCO may relate to payment times, fuel levies, rate reviews, termination, and cost recovery, but are not limited to these matters.
Under this framework, the FW Act allows for the Fair Work Commission (FWC) to make contract chain orders under section 536PD, either of its own initiative or on application from parties listed under subsection 536PE(1). At the time of writing, there are currently three active cases before the FWC dealing with applications for RTCCOs. All these applications were made by the Transport Workers' Union of Australia. It does not appear that any RTCCO has been finalised since the introduction of the framework for setting minimum standards for regulated workers.
Through the Australian Infrastructure and Transport Statistics Yearbook 2025, the Bureau of Infrastructure and Transport Research Economics published figures indicating that 252.9 billion tonne-kilometres of road freight were estimated to have been moved in Australia over 2024-25 (p. 23), and that, as of August 2025, there were 273,500 people employed in the road transport industry in Australia (p. 206). However, it is not immediately clear what the count of non-employee workers who might be covered by RTCCOs are.
A publication available on IBISWorld, Road Freight Transport in Australia, published in March 2026, indicates that the market share of the four largest companies in the road freight transport industry has not risen beyond 10% in the past 5 years, and states that (p. 19):
The Road Freight Transport industry in Australia is highly fragmented, with the largest four providers capturing only a minor proportion of overall revenue.
This fragmentation arises primarily because the majority of operators specialise within distinct niches, like mining transportation, construction material shipments, or agricultural products. Different product requirements necessitate tailored logistical approaches, preventing any single firm from capturing substantial market share.
Market share concentration varies notably across product segments and geographies. For instance, the grocery retailing segment demonstrates higher concentration because major supermarkets like Woolworths and Coles depend heavily on contractual arrangements with a limited number of logistics providers.
Policy position of non-government parties/independents and key stakeholders
Key stakeholders
The Australian Chamber of Commerce and Industry (ACCI) has called for amendments to the Bill, with the ACCI CEO stating the Bill gives the Minister:
… extraordinary powers of intervention into the industry on an ongoing basis, rather than being specific to the current rise in fuel prices … [t]he fact the Fair Work Commission may be asked to consider terms such as payment or contract terminations means that it may lose its focus on fuel prices and cost recovery.
The Australian Trucking Association (ATA) welcomed the Bill. In a media release, the ATA stated:
… the terminal gate price of diesel had risen from less than 166 cents per litre to more than 295 cents per litre because of the Iran war. It is the biggest fuel price spike in history, and there is no end insight …
[t]rucking businesses cannot absorb this increase, and most cannot pass it on.
The National Road Transport Association (NatRoad) has called for multiple measures the Government should take. On 25 March 2026, before the introduction of the Bill, NatRoad stated that:
… [a]llowing the passing of fuel costs through contractual chain orders is a good first step announced by the Government this week. However, caution is needed and NatRoad is working to clarify if there are any unintended consequences for members with these changes to the Fair Work Act.
On 27 March 2026, NatRoad published more critical commentary on the Bill, stating that ‘most small to medium operators simply could not survive until Fair Work Changes flowed through’. NatRoad stated:
… recent announcements, including emergency Fair Work Commission powers and moves toward better fuel monitoring failed to address the immediate needs of industry.
…
NatRoad is calling on the Federal Government to urgently implement three immediate measures to keep trucks on the road and prevent further economic disruption:
Activate emergency financial support payments for affected transport businesses
Introduce a six-month moratorium on heavy vehicle equipment loan repayments through lender hardship arrangements
Immediately remove the Road User Charge for heavy vehicles.
The Transport Workers Union (TWU) has welcomed the Bill, with the TWU National Secretary stating that:
… [w]e are already seeing the industry at crisis point: mounting financial stress, small businesses forced to park up their trucks, and more deadly pressure on drivers to cut corners, skip maintenance, and push through fatigue just to stay afloat.
This urgent bill would ensure clients at the top of the supply chain,retailers, mining companies and manufacturers,pay their fair share of increasing fuel costs. Many have already taken action, but there are too many others pushing costs onto those least able to absorb it. Any delay will see serious impacts on our supply chains and safety on our roads.
Non-government parties and independents
In debate on the Bill before the House of Representatives on Thursday 26 March 2026, several non-government and independent Members criticised the lack of time available in which to scrutinise the Bill, noting that this was not necessarily criticism of the provisions of the Bill.
The Shadow Treasurer Tim Wilson stated:
… [the Government] have stapled [the Bill] on to the motion for another bill and forced the debate on it, and the consequence is that it's not just that the opposition who will not have the chance to scrutinise it; the Australian people won't have the chance to scrutinise it. Of course, there will be no chance for those people who understand this legislation to step through it one by one.
Ms Zali Steggall MP:
In the context of what is currently occurring in our transport sector, with fuel prices spiking, I accept that there is a need for this to be acted upon urgently, but I ask the major parties: please behave better and allow us proper scrutiny of legislation.
Dr Anne Webster MP advised:
We hear today that one in five farmers is making the decision not to sow a crop. What is this Labor government doing about it? … They're panic legislating … they're allowing truckies to put their prices up according to the fuel they're paying for. Great! Guess what. There is a flow-on effect, Labor. Prime Minister Albanese needs to understand that, if people cannot afford their groceries and they cannot afford vegetables, they won't buy them. Guess what happens when Australians don't eat fresh vegetables and fruit. You know what. They get sick. So our health prices will also go up.
Mr Ben Small MP proposed a second reading amendment to the Bill calling on the Government to ‘explain why provisions for a temporary crisis are permanent’.
Ms Kate Chaney MP provided questions she would have asked regarding the Bill, but was unable to in the time available for debate:
I would be asking: How narrowly defined are the imminent and significant negative effects? What objective criteria must be met before the minister can reduce the consultation period?
I would have been asking: what transparency or accountability mechanisms apply to the minister's authorisation decision, and will reasons be published?
I would be asking: how does the government ensure this emergency mechanism doesn't become a de facto shortcut used in non-exceptional circumstances?
I would be asking: how will the commission ensure expedited orders don't unintentionally disadvantage small transport businesses or sole operators higher up the chain?
I would have asked: with reduced timeframes, how will genuine engagement with industry stakeholders be assessed and enforced in practice?
I would have been asking: how will orders made under expedited timeframes be time limited or subject to automatic review once market conditions stabilise?
I would ask: is the intent of the amendment strictly limited to fuel price shocks, or could it be applied to other cost pressures such as insurance or tolls or other compliance costs?
I would have asked: how has consideration been given to how contractual change orders may affect competition, freight pricing and downstream consumers?
I would have asked: what evidence from existing contractual chain orders show that cost-sharing mechanisms actually improve safety, sustainability and viability for drivers?
And I would have asked: how does this emergency measure align with longer term reforms aimed at improving resilience, sustainability and fairness in the road transport supply chain?
Key issues and provisions
Making emergency applications and effects of time-sensitive RTCCOs
Item 1 of the Bill would insert two terms, ‘emergency application’ and ‘time-sensitive road transport contractual chain order’ to be defined in section 12 of the FW Act:
emergency application, in relation to an application for a road transport contractual chain order, or an application for a determination varying or revoking a road transport contractual chain order: see subsections 536PEA(1) and (2).
time-sensitive road transport contractual chain order means a road transport contractual chain order made or varied as a result of an emergency application.
Item 8 would introduce new section 536PEA to the FW Act, which would outline the process under which the Minister may determine that an application to make, vary or revoke an RTCCO is an emergency application.
Proposed subsection 536PEA(1) would provide that an application for making, revoking or varying an RTCCO is an emergency application where the Minister makes a subsection 536PEA(3) determination.
Proposed subsection 536PEA(3) would empower the Minister to determine, by notifiable instrument, that an application referred to in subsection 536(1) is an emergency application.
In determining whether an application is an emergency application, the Minister must have regard to the road transport objective (FW Act, section 40D), which provides that:
In performing a function or exercising a power under this Act, the Expert Panel for the road transport industry must take into account the need for an appropriate safety net of minimum standards for regulated road transport workers and employees in the road transport industry, having regard to the following:
the need for standards that ensure that the road transport industry is safe, sustainable and viable;
the need to avoid unreasonable adverse impacts upon the following:
sustainable competition among road transport industry participants;
road transport industry business viability, innovation and productivity;
administrative and compliance costs for road transport industry participants;
the need to avoid adverse impacts on the sustainability, performance and competitiveness of supply chains and the national economy;
the need for minimum standards in road transport contractual chains.
For the Minister to determine that an application for an RTCCO is an emergency application, the Minister must be satisfied, having regard to the road transport objective, that:
an event or circumstance, or series of events or circumstances, has occurred or is occurring; and
the event or circumstances, is currently having, or is likely to imminently have, a significant national negative impact on the road transport industry; and
it is in the public interest to make the determination (proposed subsection 536PEA(3)).
The EM states (p. 8, paragraph 19):
It is intended that this would confer a discretion on the Minister, involving a measure of subjectivity. The Minister would be expected to have a rational basis for their satisfaction, including having regard to relevant information, evidence or data over and above generalised speculation as to the impact of the of the circumstance or event on the road transport industry nationally.
Determinations by the Minister under proposed section 536PEA would be exempt from merits review under the Administrative Decisions (Judicial Review) Act 1977, but would be judicially reviewable by the Federal Court under section 39B of the Judiciary Act 1903 or the High Court under section 75(v) of the Constitution. The EM explains that this is consistent with the approach for existing Ministerial declaration powers under the FW Act, namely for declarations terminating industrial action (section 431), or deferring (section 536PU) or suspending (section 536PX) the operation or application of an RTCCO (EM, p. 9, paragraph 21).
Prioritisation of work by the FWC
Item 9 deals with the FWC’s prioritisation of work in accordance with orders from the President of the FWC.
Currently, the President of the FWC must make an order under subsection 582(4D) that directs the FWC how to prioritise its work under Part 3A‑2, dealing with minimum standards for regulated workers, and Part 3B‑2, dealing minimum standards for persons in a road transport contractual chain.
Section 536PF sets out particular matters that the FWC must take into account in making a decision on a RTCCO. Item 9 would introduce proposed subsection 536PF(3), which would provide that, where the FWC is determining an application for an RTCCO or a variation of a RTCCO, and the application is an emergency application, a direction under subsection 582(4D) does not apply.
The EM (pp. 9-10, paragraph 24) provides that:
The Commission could prioritise an emergency application above a matter with higher priority even if this would be inconsistent with an existing direction. This would enable the Commission to progress emergency applications promptly, without potentially having to amend an existing prioritisation direction, which could be a time and resource intensive process.
Terms to be included in time-sensitive RTCCOs
Item 16 would introduce a requirement for certain terms to be included in time-sensitive RTCCOs.
It would insert proposed section 536PQA, which would require a time-sensitive RTCCO to include one or more terms relating to the event, circumstance, or series of events and circumstances to which the order relates (proposed subsection 536PQA(1)).
Such terms may be about, but would not be limited to, the following matters (proposed subsection 536PQ(2)):
payment times;
fuel levies;
rate reviews;
termination, including one way termination for convenience;
cost recovery.
Proposed subsection 536PQ(3) would require that variations to a non-time-sensitive RTCCO made in response to an emergency application must include one or more of these terms relating to the event, circumstance, or series of events or circumstances to which the emergency application relates.
Non-retrospective application
Item 31 would have the effect of ensuring that the Minister could only determine an application to be an emergency application after the commencement of Schedule 1of the Bill, in relation to an application for an RTCCO, or a variation or revocation of an RTCCO, that is also made after the commencement of Schedule 1 of the Bill (EM, p. 15, paragraph 68).
Allowing time-sensitive RTCCOs to take effect sooner
Section 536NT sets out when a RTCCO comes into operation and provides that generally this must be at least 12 months after the FWC publishes a notice of intent stating that it proposes to make a RTCCO (subsection 536NT(3)). This period may be shortened to 6 months if the FWC is satisfied that the circumstances urgently require it (subsection 536NT(4)).
Item 2 would repeal and replace subsection 536NT(4) to empower the FWC to reduce the 12-month period before which an RTCCO can take effect to another period that the FWC considers is reasonable, where the order is a time-sensitive RTCCO.
The Bill would preserve the current situation for non-time-sensitive RTCCOs.
Shortening consultation and notice requirements for certain RTCCOs
The Bill would change the requirements around the publication of draft RTCCOs and consultation around these drafts. The effect would be that, for time-sensitive RTCCOs, the FWC could reduce the consultation period from 12 months to another period that the FWC considers reasonable. It would also establish that providing a short period to make written submissions may provide a reasonable opportunity to make submissions in relation to time-sensitive RTCCOs.
Consultation and notice for making, varying, and revoking RTCCOs
Item 10 would expand what constitutes a reasonable opportunity to make a submission on a draft time-sensitive RTCCO. Currently, subsection 536PH(1) requires the FWC to ensure affected entities have a reasonable opportunity to make written submissions in relation to the draft of a RTCCO.
Item 10 would insert proposed subsection 536PH(1A), stating ‘[t]o avoid doubt, if the draft is of a time-sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity.’ (emphasis added). The EM (p.10, paragraph 28) provides that what constitutes a ‘short period’ would be for the FWC to determine and ‘depending on the nature of the circumstances, a “short period” could be as short as a few working days…as long as the shortened period still provided affected entities with a reasonable opportunity to make submissions in relation to the draft order’.
Items 11 and 12 together would repeal and replace provisions relating to the finalisation of draft RTCCOs.
Currently, where the FWC makes significant changes to a draft RTCCO, paragraph 536PJ(2)(a) prevents the FWC making the final RTCCO based on the original draft. Instead, the FWC is required to publish a subsequent notice in relation to the revised draft (paragraph 536PJ(2)(b)), and undertake a new consultation process over the 12 month period from the date of the subsequent notice (paragraph 536PJ(2)(c)). This subsequent 12 month consultation period may be reduced to a period of at least 6 months if the FWC is satisfied that the circumstances urgently require it (subsection 536PJ(3)).
Items 11 and 12 together would empower the FWC to reduce this 12-month period to another period that the FWC considers is reasonable if the order is a time-sensitive RTCCO. They would preserve the requirement to publish a subsequent notice and undertake a new consultation process.
They would also preserve the 12-month consultation period required for revised draft RTCCOs that are non-time-sensitive RTCCOs, and provisions for reducing the consultation period for non-time-sensitive RTCCOs to a period of no shorter than 6 months, if the FWC is satisfied that the circumstances urgently require it.
Consultation and notice for varying or revoking RTCCOs
Items 29 and 30 would amend the consultation period requirements that apply to proposed variations or revocations of an RTCCO in circumstances where the operation of some or all of that RTCCO has been deferred by the Minister under sections 536PU or the FWC under 536QB.
If the FWC determines to vary or revoke an RTCCO in these circumstances, it must publish notice of its intention to do so, along with a draft of the RTCCO as proposed to be varied if applicable (subsection 536QL(1)).
If the FWC decides to make significant changes to a draft RTCCO as proposed to be varied, the FWC would be required to publish a subsequent notice in relation to the revised draft (paragraph 536QN(2)(b)), and undertake a new consultation process over the 12-month period from the date of the subsequent notice (paragraph 536QN(2)(c)).
Items 29 and 30 together seek to empower the FWC to reduce this 12-month period to another period that the FWC considers is reasonable if the order is a time-sensitive RTCCO. Item 30 would insert proposed subsection 536QN(4) with the effect that, where the FWC makes significant changes to a draft RTCCO as proposed to be varied, the FWC could reduce the subsequent 12-month consultation period to another period the FWC considers reasonable if the RTCCO is a time-sensitive RTCCO.
The current requirement of publishing a subsequent notice of intent and revised draft would be preserved.
Item 28, like item 10 above, would expand what constitutes a reasonable opportunity to make submissions on a proposed variation or revocation of an RTCCO whose operation has been deferred. Currently, subsection 536QM(1) requires the FWC to ensure affected entities have a reasonable opportunity to make written submissions to the FWC in relation to such proposals.
Item 28 would insert proposed subsection 536QM(1A), stating ‘[t]o avoid doubt, if the proposed variation or revocation is of a time-sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity’ (emphasis added).
The EM explains that this would allow the Commission to expedite consideration of whether to revoke time-sensitive RTCCOs, including where the RTCCO has been suspended in response to a submission that it is no longer required (EM, pp. 14-15, paragraph 61).
Suspension of RTCCOs
Several items in the Bill deal with powers to suspend RTCCOs, including powers to suspend time-sensitive RTCCOs. The effect of the Bill would be that the Minister and the FWC would be able to suspend time-sensitive RTCCOs for a period of no longer than 3 months, rather than the period of 12 months that currently applies for non-time-sensitive RTCCOs.
Maximum periods of suspension declarations
Currently, the Minister can, by notifiable instrument make a suspension declaration, suspending the application of all or part of a RTCCO if they consider that it is in the public interest to do so (subsection 536PX(1)). Similarly, the FWC may, on application by a prescribed person or body, make a suspension determination (subsection 536QG(1)).
Such declarations and determinations must specify the period of the suspension, which may not be longer than 12 months and cannot commence retrospectively (subsection 536PX(3) and subsection 536QG(3)).
Items 19-21 and items 25-27 would change the maximum periods for which the Minister and the FWC, respectively, could suspend time-sensitive RTCCOs.
Items 21 and 27 would introduce the definition of ‘relevant period’, which would be 3 months for a time-sensitive RTCCO, and 12 months for any other RTCCO.
Items 19-20 and items 26-27 would remove requirements that suspensions not exceed 12 months and instead provide that they must not exceed the relevant period.
The EM explains that ‘[t]hese amendments ensure that the timeframe within which a suspension declaration may be made in appropriately aligned with the shorter duration and urgent nature of time-sensitive RTCCOs, while preserving the existing framework for all other RTCCOs’ (EM, p. 14, paragraph 53).
It also states that ‘[i]t may be appropriate for the Commission to make a suspension determination relating to a time-sensitive RTCCO if the time-sensitive RTCCO is no longer required because the event or circumstances it was made in relation to has passed.’ (EM, p. 14, paragraph 57).
Timeframes for making suspension declarations and length of suspension determinations
Currently, section 536PY requires that suspension declarations be made by the Minister within 12 months of certain dates (which relate to when the RTCCO came into operation, in whole or in part) and section 536QG provides that the FWC may, on application, make a suspension determination for a period of no more than 12 months.
Items 22-27 would amend the provisions regarding the timeframes for making suspension declarations and the length of suspension determinations.
Items 24 and 27 would introduce the definition of a relevant period for making declarations and for the duration of determinations. The relevant period would be 3 months for a time-sensitive RTCCO, and 12 months for other RTCCOs.
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An Act to amend the Fair Work Act 2009, and for related purposes
Contents
1 Short title 1
2 Commencement 2
3 Schedules 2
Schedule 1,Amendments 3
Fair Work Act 2009 3
Fair Work Amendment (Fairer Fuel) Act 2026
No. 20, 2026
An Act to amend the Fair Work Act 2009, and for related purposes
[Assented to 1 April 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Fair Work Amendment (Fairer Fuel) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this Act
The day after this Act receives the Royal Assent.
2 April 2026
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1,Amendments
Fair Work Act 2009
1 Section 12
Insert:
emergency application, in relation to an application for a road transport contractual chain order, or an application for a determination varying or revoking a road transport contractual chain order: see subsections 536PEA(1) and (2).
time‑sensitive road transport contractual chain order means a road transport contractual chain order made or varied as a result of an emergency application.
2 Subsection 536NT(4)
Repeal the subsection, substitute:
(4) However, the FWC may reduce that 12‑month period to another period that the FWC considers is reasonable if:
(a) the order is a time‑sensitive road transport contractual chain order; or
(b) the FWC is satisfied that the circumstances urgently require it, and the period is at least 6 months after the relevant notice of intent for the order was published.
3 Section 536PB
After:
Division 2 empowers the FWC to make road transport contractual chain orders, which set minimum standards to which certain regulated road transport contractors, road transport employee‑like workers and other persons in a road transport contractual chain are entitled in relation to certain matters.
insert:
Normally, a road transport contractual chain order cannot come into operation for at least 12 months after the notice of intent and draft order are issued (or at least 6 months if the circumstances urgently require it). This 12 or 6 month period starts again if the FWC makes significant changes to the draft order. However, in the event of time‑sensitive events or circumstances that negatively impact the road transport industry nationally, these consultation and commencement requirements may be shortened.
4 Subsection 536PD(1) (note)
Omit “Note”, substitute “Note 1”.
5 At the end of subsection 536PD(1)
Add:
Note 2: A time‑sensitive road transport contractual chain order is a road transport contractual chain order (see the definition of time‑sensitive road transport contractual chain order in section 12).
6 Subsection 536PE(1) (note)
Omit “Note”, substitute “Note 1”.
7 At the end of subsection 536PE(1)
Add:
Note 2: The Minister may determine that an application for a road transport contractual chain order is an emergency application in order to deal with a time‑sensitive event or circumstance, or series of events or circumstances, that is negatively impacting, or may negatively impact, the road transport industry nationally: see section 536PEA.
8 After section 536PE
Insert:
536PEA Emergency applications
When an application is an emergency application
(1) An application for the making of a road transport contractual chain order, or an application for a determination varying or revoking a road transport contractual chain order, is an emergency application if the Minister makes a determination under subsection (3) that the application is an emergency application.
(2) The application ceases to be an emergency application when the earlier of the following occurs:
(a) the road transport contractual chain order comes into operation, or is varied or revoked, as a result of the application;
(b) the period of 6 months starting on the day the Minister makes the determination ends.
Ministerial determination
(3) The Minister may determine, by notifiable instrument, that an application referred to in subsection (1) is an emergency application if, having regard to the matters in section 40D (the road transport objective), the Minister is satisfied that:
(a) an event or circumstance, or series of events or circumstances, has occurred or is occurring; and
(b) the event or circumstance, or series of events or circumstances, is currently having, or is likely to imminently have, a significant national negative impact on the road transport industry; and
(c) it is in the public interest to make the determination.
9 At the end of section 536PF
Add:
(3) If paragraph (1)(a) applies and the application is an emergency application, a direction under subsection 582(4D) does not apply to the FWC when deciding whether to make or vary the road transport contractual chain order.
10 After subsection 536PH(1)
Insert:
(1A) To avoid doubt, if the draft is of a time‑sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity.
11 Paragraph 536PJ(2)(c)
Repeal the paragraph, substitute:
(c) follow the process set out in section 536PH (as affected by subsection (3) or (4) of this section) in relation to the revised draft road transport contractual chain order.
12 Subsection 536PJ(3)
Repeal the subsection, substitute:
(3) For the purposes of paragraph (2)(c), the period of consultation under section 536PH in relation to the revised draft road transport contractual chain order is to be the period of at least 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (2)(b) of this section were published (the draft publication time).
(4) However, the FWC may reduce that 12‑month period to another period that the FWC considers is reasonable if:
(a) the order is a time‑sensitive road transport contractual chain order; or
(b) the FWC is satisfied that the circumstances urgently require it, and the period is at least 6 months starting from the draft publication time.
13 Subsection 536PQ(1)
After “order”, insert “, other than a time‑sensitive road transport contractual chain order,”.
14 At the end of subsection 536PQ(2)
Add “that is not a time‑sensitive road transport contractual chain order”.
15 At the end of section 536PQ
Add:
(3) The FWC must remove a term covered by this section that is included in a road transport contractual chain order if:
(a) the FWC decides to vary the order as a result of an application for a determination varying or revoking the order that is an emergency application; and
(b) the term does not relate to the event or circumstance, or series of events or circumstances, to which the emergency application relates.
Note: For the event or circumstance, or series of events or circumstances, to which the emergency application relates: see subsection 536PEA(3).
16 After section 536PQ
Insert:
536PQA Terms that must be included in a time‑sensitive road transport contractual chain order
(1) A time‑sensitive road transport contractual chain order must include one or more terms relating to the event or circumstance, or series of events or circumstances, to which the order relates.
Note 1: For the event or circumstance, or series of events or circumstances, to which the order relates: see subsection 536PEA(3).
Note 2: Time‑sensitive road transport contractual chain orders must also include the terms set out in sections 536PM, 536PN and 536PP.
(2) Terms relating to the event or circumstance, or series of events or circumstances, to which the order relates may be about, but are not limited to, any of the following matters:
(a) payment times;
(b) fuel levies;
(c) rate reviews;
(d) termination, including one way termination for convenience;
(e) cost recovery.
(3) The FWC must include one or more terms covered by this section in a road transport contractual chain order if:
(a) the order is not a time‑sensitive road transport contractual chain order at the time the order is made; and
(b) the FWC decides to vary the order as a result of an application for a determination varying or revoking the order that is an emergency application; and
(c) the term relates to the event or circumstance, or series of events or circumstances, to which the emergency application relates.
Note: For the event or circumstance, or series of events or circumstances, to which the emergency application relates: see subsection 536PEA(3).
17 At the end of section 536PS
Add:
Note: The Minister may determine that an application for a determination varying or revoking a road transport contractual chain order is an emergency application in order to deal with a time‑sensitive event or circumstance, or series of events or circumstances, that is negatively impacting, or may negatively impact, the road transport industry nationally: see section 536PEA.
18 At the end of subsection 536PT(1)
Add:
Note: When deciding to vary a road transport contractual chain order as a result of an emergency application, the FWC must include in the order, or remove from the order, certain terms: see subsections 536PQ(3) and 536PQA(3).
19 Paragraph 536PX(3)(a)
Repeal the paragraph, substitute:
(a) must not be a period that is longer than the relevant period for the order; and
20 Subsection 536PX(5)
Omit “12 months” (wherever occurring), substitute “the relevant period”.
21 After subsection 536PX(5)
Insert:
Meaning of relevant period
(5A) The relevant period for a road transport contractual chain order is:
(a) 12 months, unless paragraph (b) applies; and
(b) for a time‑sensitive road transport contractual chain order,3 months.
22 Section 536PY (heading)
After “must”, insert “generally”.
23 Subsections 536PY(1) and (2)
Omit “12 months of”, substitute “the relevant period starting on”.
24 At the end of section 536PY
Add:
(3) The relevant period for a road transport contractual chain order is:
(a) 12 months, unless paragraph (b) applies; and
(b) for a time‑sensitive road transport contractual chain order,3 months.
25 Paragraph 536QG(3)(a)
Repeal the paragraph, substitute:
(a) must not be a period that is longer than the relevant period for the order; and
26 Subsection 536QG(5)
Omit “12 months” (wherever occurring), substitute “the relevant period”.
27 After subsection 536QG(5)
Insert:
Meaning of relevant period
(5A) The relevant period for a road transport contractual chain order is:
(a) 12 months, unless paragraph (b) applies; and
(b) for a time‑sensitive road transport contractual chain order,3 months.
28 After subsection 536QM(1)
Insert:
(1A) To avoid doubt, if the proposed variation or revocation is of a time‑sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity.
29 Paragraph 536QN(2)(c)
Repeal the paragraph, substitute:
(c) follow the process set out in section 536QM (as affected by subsection (3) or (4) of this section) in relation to the revised draft road transport contractual chain order.
30 At the end of section 536QN
Add:
(3) For the purposes of paragraph (2)(c), the period of consultation under section 536QM in relation to the revised draft road transport contractual chain order is to be the period of at least 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (2)(b) of this section were published.
(4) However, the FWC may reduce that 12‑month period to another period that the FWC considers is reasonable if the order is a time‑sensitive road transport contractual chain order.
31 In the appropriate position in Schedule 1
Insert:
Part 22,Amendments made by the Fair Work Amendment (Fairer Fuel) Act 2026
131 Application of amendments
The amendments made by Schedule 1 to the Fair Work Amendment (Fairer Fuel) Act 2026 apply in relation to any determination made under section 536PEA of the Fair Work Act 2009 made on or after the commencement of that Schedule in relation to:
(a) an application for a road transport contractual chain order; or
(b) an application for a determination varying or revoking a road transport contractual chain order;