Applications by Transport Workers' Union of Australia

[2025] FWCFB 44

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.536JY—Commission may make a minimum standards order
s.536PD—Commission may make a road transport contractual chain order
s.590—Powers of the Commission to inform itself

Applications by Transport Workers' Union of Australia

(MS2024/1, MS2024/2, MS2024/3 and MS2024/4)

Road transport industry
VICE PRESIDENT ASBURY COMMISSIONER CONNOLLY COMMISSIONER TRAN COMMISSIONER SLOAN	BRISBANE, 21 FEBRUARY 2025

Applications from the Transport Workers’ Union of Australia to make employee-like worker minimum standards orders, a road transport minimum standards order, and a road transport contractual chain order – research proposals to inform consultations – extension of time granted.

On 10 February 2025[1], we issued a Statement setting out our provisional view that one or more research projects would assist informing our approach to facilitating consultations in relation to applications MS2024/1-4.[2]

The Statement invited interested parties to provide feedback on proposed research projects, including any suggestions for projects, on or before 4.00pm on Friday 21 February 2025.[3]

At 10:30 am on 21 February 2025, the Transport Workers’ Union of Australia (TWU) requested additional time to 3 March 2025 in which to provide its feedback.

We have decided to extend the original time frame as requested by the TWU, to all parties seeking to provide feedback on our proposed approach. Feedback should be provided by 4.00pm (AEST) on Monday 3 March 2024 by email to RWS@fwc.gov.au.

VICE PRESIDENT

[1] [2025] FWCFB 30.

[2] See [2025] FWCFB 30, [18].

[3] See [2025] FWCFB 30, [19].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia (TWU) applied to the Fair Work Commission (FWC) for the establishment of minimum standards orders, a road transport minimum standards order, and a road transport contractual chain order. These applications were aimed at improving conditions for workers in the road transport industry. The case was heard in Brisbane on 21 February 2025 by Vice President Asbury, Commissioner Connolly, Commissioner Tran, and Commissioner Sloan.

The legal issues before the FWC included whether to grant the TWU's request for an extension to provide feedback on the proposed research projects, and whether such research would be beneficial in informing the FWC's approach to the consultations. The FWC had to consider whether the research would aid in making informed decisions regarding the applications, and if the extension requested by the TWU was warranted.

The FWC granted the TWU's request for an extension until 3 March 2025 to provide feedback on the proposed research projects. This decision was based on the need to ensure that all parties had sufficient time to review the research proposals and provide meaningful input. The FWC recognised the importance of stakeholder engagement and considered the extension necessary for a thorough and inclusive consultation process.

The final orders of the FWC were to extend the feedback period to 4.00pm (AEST) on Monday 3 March 2024, and for feedback to be submitted by email to RWS@fwc.gov.au. This decision was communicated in the Statement issued by the FWC on 21 February 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established