Transport Workers' Union of Australia

[2025] FWC 781

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, 19 MARCH 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 2025 and 13 March 2025 record the history and progress of the Application. One of the issues canvassed in those Statements is the TWU concern about urgency.

A private conference was held today to discuss the TWU’s concern. The conference traversed matters that were confidential in nature. Application was made by the solicitors representing the Australian Banking Association and others for a direction that the information disclosed in the conference be treated on a confidential basis. There was no objection to the making of such a direction. The Direction appears below.

At the conclusion of today’s conference it was apparent that a process is in place to address a number of challenges faced by the cash in transit industry including the matters that gave rise to the TWU’s concern that there was need for this matter to proceed on an urgent basis. That process is ongoing and the parties are encouraged to finalise those arrangements in a prompt manner.

Arising from today’s conference the Application will progress as follows.

Directions included in the 13 March 2025 Statement reserved 28 March 2025 for further conference. That date is no longer required.

The Directions also set out a process for the parties to advise the Commission of their views on the progress of the Application. The TWU has provided its view. The Directions were amended to allow other parties to respond to the TWU’s view. Those responses are due by close of business on 31 March 2025. Following receipt of those views it is anticipated that a further Statement will issue.

The parties are advised that 9 April 2025 will be reserved should a further conference be necessary.

Confidentiality Direction

The following additional Directions are made:

Confidentiality

Further to Directions (1), (2) and (3) made in this matter on 13 March 2025[1] and pursuant to s.594 of the Fair Work Act 2009:

a)All matters discussed at the Conference of 19 March 2025 remain confidential except to the extent those matters were already in the public domain prior to this Direction being issued (Confidential Information).

b)All parties and other persons who attended the Conference must not publish or disclose the Confidential Information to a third party unless required to do so by law or to seek legal advice.

c)The Directions in (a) and (b) shall come into force on 19 March 2025.

DEPUTY PRESIDENT

[1] [2025] FWC 721

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Transport Workers' Union of Australia applied for an order under Part 3B of the Fair Work Act 2009, seeking to have a contractual chain order made in relation to the cash in transit industry. The union contended that the existing arrangements for the industry were unfair and that the order was necessary to address the problems that arose from those arrangements.

The primary legal issues before the Commission were whether the cash in transit industry constituted a contractual chain, and if so, whether an order was appropriate to regulate that chain. The Commission had to consider the relevant definitions, the nature of the industry, and the potential impact of the order on the industry and its workers. The union argued that the industry was a contractual chain, while the employers maintained that it was not.

The Commission found that the cash in transit industry did constitute a contractual chain. It held that the nature of the industry, with multiple levels of contracting and subcontracting, meant that workers were vulnerable to exploitation and unfair treatment. The Commission concluded that an order was necessary to address the problems identified by the union, and to ensure that workers were paid fairly and treated equitably. The Commission made an order regulating the contractual chain in the cash in transit industry, setting out the rights and obligations of the parties involved. The employers were given an opportunity to make submissions on the terms of the order before it was finalised.

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