Transport Workers' Union of Australia

[2025] FWC 521

[2025] FWC 521

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, 20 FEBRUARY 2025

Commission may make a road transport contractual chain order

The Application

1. The Transport Workers’ Union of Australia (TWU) has made application pursuant to s. 536PE of the Fair Work Act 2009 (Cth) (Application) for a road transport contractual chain order. Section 536PD provides that, on application by an organisation that is entitled to represent the industrial interests of one or more persons in a road transport contractual chain, the Commission may make an order that sets standards for regulated road transport contractors, road transport employee-like workers and other persons in a road transport contractual chain.

1. A road transport contractual chain is defined in s. 15RA as follows:

   (1)   A road transport contractual chain means a chain or series of contracts or arrangements:

   (a)   under which work is performed for a party to a first contract or arrangement in the chain or series by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee; and,

   (b)    in which at least one party to the first contract or arrangements in the chain or series is a constitutional corporation.  

2. An application for an order must specify the classes of persons to be covered by the order. The Application specifies the following classes of persons:

   · Parties, within the meaning of s 15RA(2)(a) of the Fair Work Act 2009 (Cth), to the first contract or arrangement in the road transport contractual chain the subject of this order, including the client (which may be a bank such as Westpac, the Commonwealth Bank, the National Australia Bank or ANZ); and parties to subsequent contracts or arrangements in the road transport contractual chain the subject of this order for the purposes of s 15RA(2)(b) of the FW Act, being contracts or arrangements under which work is performed by regulated road transport contractors under services contracts, or employees;

   · Regulated road transport contractors who perform work under a services contract in the contractual chains the subject of this order for the purposes of s 15A(2)(c) of the FW Act; and

   ·     Regulated road transport businesses.

3. Section 536PM requires that an order made under s. 536PD include a term setting out the work to be covered by the order. The Application proposes the work to be covered by the proposed order is the transport of cash and other valuables and the performance of automatic teller machine work. The work is performed in the cash in transit industry.

1. The Commission’s usual practice is to publish Ch 3A-2 and 3B applications to its website. The TWU has asked that the Application be redacted to remove matters that may give rise to safety concerns by revealing aspects of the work done in the cash in transit industry. The TWU is to provide a redacted copy of the Application and interested parties will be invited to comment on those redactions before the Application is published.

Conference

1. In correspondence accompanying the Application the TWU requested that the Commission deal with the application on an urgent basis. A copy of the correspondence will also be published on the Commission’s website. In it the TWU proposed that a conference be conducted pursuant to s. 590 “to inform itself by requiring a person from the relevant entities to attend the Commission and participate in the dispute process and discussions for a proposed contract chain order”. A list of relevant entities was provided. That list is attached to this Statement as Attachment A.

1. The Application was provided to those entities along with a Notice of Listing for the Directions hearing held on 19 February 2025. Those parties who have been provided with a copy of the unredacted Application are to treat the Application confidentially. It should only be circulated as necessary in preparation for and participation in the proceedings.

1. A Directions Hearing was conducted on 19 February 2025 to consider the request for urgency. There was no opposition to the Commission dealing with the matter on an urgent basis by conducting the conference requested by the TWU. The TWU elaborated on the purpose of the conference as being for the Commission to inform itself through discussions with the relevant entities as to the position they take in relation to the proposed order, to identify any areas of disputation, and to attempt to resolve or minimise the issues in dispute.

1. A conference will be conducted on 11 March 2025 in person in Sydney to consider the matters raised by the Application, identify any dispute over those matters and attempt to confine the issues for resolution. Relevant parties will be invited to provide a written response to the Application prior to the conference. Further conferences will be scheduled should they be necessary.

2. Section 617(10B) requires that a contract chain order made under s 536PD be made by an Expert Panel constituted for the purpose of making such an order. An Expert Panel has yet to be constituted for the making of an order. The conferences commencing on 11 March 2025 will not prevent this from occurring. The Commission will endeavour to ensure that there is not a duplication in resources in dealing with the Application.

Directions

1. The following Directions are made:

(1)The TWU is to lodge a redacted version of the Application by 5:00 pm (AEST) on Friday, 21 February 2025.

(2)Any party wishing to comment on the redactions in the version of the Application lodged in accordance with (1) should do so in writing by 5:00 pm (AEST) on Tuesday, 25 February 2025.

(3)The entities listed in Attachment A to this Statement are required to lodge a written response to the Application by 5:00 pm (AEST) on Wednesday, 5 March 2025.

(4)The matter is listed for conference in person, at 80 William st Sydney at 10:00 am (AEST) Tuesday, 11 March 2025

(5)The following dates are reserved for further conferences; 19 March 2025 and 28 March 2025.

1. A webpage has been established for the Application at ‘Application for a road transport contractual chain order (MS2025/1) | Fair Work Commission’. All material related to the case will be published on the webpage (subject to any further issues of confidentiality). Interested parties are encouraged to subscribe to receive updates.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR784602>

Attachment A

List of Relevant Entities

1. AMP Bank Limited

2. Australian Banking Association Limited

3. Australian New Zealand banking Group

4. Australia Post

5. Australian Security Industry Association Limited

6. Authentic Security Pty Limited

7. Bank Australia limited

8. Bank of Queensland

9. Bank of Sydney Limited

10)  Bendigo and Adelaide Bank Limited

11)   Border ID Security Pty Limited

12)   Brinks Australia Pty Limited

13)   Citigroup Pty Limited

14)   Coles Supermarkets

15)   Commonwealth Bank of Australia

16)   HSBC Bank Australia limited

17)  ING Bank (Australia) Limited

18)   Linfox Armaguard Pty Limited

19)   Macquarie Bank Limited

20)   National Australia Bank

21)  Reserve bank of Australia

22)  SecureCash

23)   Streamcorp Armoured Pty Limited

24)   Wesfarmers Limited

25)  Westpac Banking Corporation

26)  Woolworths Supermarkets