Applications by Transport Workers' Union of Australia
[2024] FWCFB 427
•11 NOVEMBER 2024
| [2024] FWCFB 427 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.536JY - Commission may make minimum standards orders for employee-like workers and regulated road transport contractors
s.536PD - Commission may make a road transport contractual chain order
Applications by Transport Workers’ Union of Australia
(MS2024/1, MS2024/2, MS2024/3 and MS2024/4)
| VICE PRESIDENT ASBURY | BRISBANE, 11 NOVEMBER 2024 |
Background
On 28 August 2024 the Transport Workers’ Union of Australia (TWU) lodged three applications for minimum standards orders (MSOs) covering certain employee-like workers and regulated road transport (independent) contractors (MS2024/1, MS2024/2 and MS2024/3). The TWU lodged a fourth application on 26 September 2024 (MS2024/4) for the Commission to make a road transport contractual chain order under s 536PD of the Fair Work Act 2009 (Cth) (FW Act).
In summary, MS2024/1 and MS2024/2 respectively concern applications for minimum standards orders for employee-like workers and road transport (independent) contractors performing “last mile” delivery work. MS2024/3 concerns employee-like workers undertaking food delivery. The applications can be found here.
On 6 September 2024, the President of the Fair Work Commission issued a Statement[1] setting out provisional views in relation to the future hearing and determination of those applications and confirming that he had constituted an Expert Panel for the road transport industry for the purposes of facilitating consultation with affected entities (persons and bodies likely to be affected), about those applications (Expert Panel – RTI Consultation). The 6 September 2024 Statement can be found here.
In a further Statement issued on 18 October 2024,[2] the President confirmed some provisional views about the hearing and determination of the applications and indicated a further provisional view that the Expert Panel – RTI Consultation would also be tasked with facilitating consultation in relation to M2024/4, subject to any objections made before 12.00 pm on Friday 25 October 2024. The 18 October 2024 Statement can be found here.
One submission in response to the further Statement was received from the Australian Industry Group (Ai Group). While there was no objection to MS2024/4 being referred to the Expert Panel RTI – Consultation, Ai Group indicated its view that it would be premature to commence consultation in relation to MS2024/4, or to form a view that joint consultation should occur with respect to any of the other applications, prior to the Road Transport Advisory Group (RTAG) providing advice to the Commission regarding the prioritisation of those applications, as well as MS2024/4.
Conference to be conducted
We note that on 24 October 2024, the President issued a Direction to the RTAG requiring, among other things, that it advise its views, by 6 December 2024, in relation to the prioritisation of the four applications for orders which have been filed to date. The 24 October 2024 Direction can be found here.
In the meantime, the Expert Panel – RTI Consultation, has decided to conduct a Conference of all parties who made submissions in response to the Statements issued by the President in relation to the four applications for minimum standards orders.
The purpose of the Conference is to discuss the process by which consultation will occur. The Conference will not, at this stage, deal with substantive matters arising from the applications.
The Conference will be conducted by the Expert Panel – RTI Consultation, on Friday 29 November 2024, commencing at 10.00 am ADST. The Conference will be conducted in person at the Sydney premises of the Commission, in accordance with the attached notice of listing.
VICE PRESIDENT
[1] [2024] FWC 2438.
[2] [2024] FWC 2895.
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