Transport Workers' Union of Australia Summary

[2025] FWC 954

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

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

Transport Workers' Union of Australia

(MS2025/1)

DEPUTY PRESIDENT SLEVIN

SYDNEY, 4 APRIL 2025

Part 3B – road transport contractual chain order – Application by Transport Workers’ Union of Australia – cash in transit industry

On 17 February 2025 the Transport Workers’ Union of Australia (TWU) made an application pursuant to s. 536PE of the Fair Work Act 2009 (Cth) (Application) for a road transport contractual chain order in the cash in transit (CIT) industry. The TWU requested that the Application be dealt with urgently.

Statements published on 20 February, 13 March and 19 March 2025 record the history and progress of the Application. The matters underpinning the request for urgency were dealt with at conferences on 11 and 19 March 2025 and 9 April 2025 was reserved if a further conference was necessary. As there has been no request to conduct a further conference 9 April 2025 is no longer reserved.

Directions issued on 13 March 2025 (and amended on 17 March) invited interested parties to provide their views on the progress of the matter. The responses from those who have expressed a view are published on the website. The parties are agreed that the next step is for the President to constitute an Expert Panel in accordance with s. 617(10B).

Once the Expert Panel is constituted a further directions hearing will be listed to progress the matter.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia (TWU) filed an application under section 536PE of the Fair Work Act 2009 seeking a road transport contractual chain order specifically for the cash in transit (CIT) industry. The application was submitted on 17 February 2025, and the union requested that the matter be dealt with urgently due to unspecified pressing matters. The union's request for urgency was addressed at conferences held on 11 and 19 March 2025, with a date of 9 April 2025 reserved for further conferences if necessary. Given that no further conference has been requested, the date of 9 April 2025 is no longer reserved. Directions issued on 13 March 2025, and subsequently amended on 17 March, invited interested parties to provide their views on the progress of the application. Responses from those who have expressed a view are published on the website.

The legal issues at the heart of this case revolve around the TWU's request for a road transport contractual chain order, which would presumably alter the contractual relationships and obligations within the CIT industry. The court was required to determine whether such an order is warranted under the Fair Work Act 2009, specifically section 536PE. The court also needed to address the union's request for urgency and assess the responses from interested parties, as well as whether further conferences were necessary. Given the union's request and the urgency of the matter, the court was tasked with expediting the process to constitute an Expert Panel in accordance with section 617(10B) of the Act.

In reaching its decision, the court noted the union's application and the importance of addressing the matter urgently. The court acknowledged the submissions from interested parties and confirmed that the next step would be to constitute an Expert Panel, as per section 617(10B) of the Fair Work Act 2009. The court scheduled a further directions hearing to progress the matter once the Expert Panel was constituted. The union's request for urgency was considered, and the court deemed it appropriate to move forward with the process as swiftly as possible.

Pending the constitution of the Expert Panel, the court scheduled a further directions hearing to continue the process. The union's request for a road transport contractual chain order remains under consideration, with the court poised to address the legal and practical implications of such an order within the CIT industry.

Transport Workers' Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established