Fair Work (Emergency Application – MS2026/1) Determination 2026
I, Amanda Rishworth, Minister for Employment and Workplace Relations, make the following determination.
Dated 10 April 2026
Amanda Rishworth
Minister for Employment and Workplace Relations
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Emergency application determination
1 Name
This instrument is the Fair Work (Emergency Application – MS2026/1) Determination 2026.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
- The whole of this instrument.
| The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 536PEA(3) of the Fair Work Act 2009.
4 Definitions
In this instrument:
Act means the Fair Work Act 2009.
emergency application has the meaning given in section 536PEA of the Act.
the application means MS2026/1 – Application by the Transport Workers’ Union of Australia and the Australian Road Transport Industrial Organisation for a road transport contractual chain order – fuel cost recovery.
5 Emergency application determination
- I hereby determine that the application is an emergency application.
- The circumstance to which the application relates is the fuel supply chain disruption resulting from, or which continues to be affected by:
- the significant reduction in shipping through the Strait of Hormuz; and
- conflict in the Middle East.
Note
A copy of the application is available on the Fair Work Commission’s website.
Overview
The Fair Work (Emergency Application – MS2026/1) Determination 2026I, enacted by Amanda Rishworth, the Minister for Employment and Workplace Relations, was introduced to address the urgent issues arising from the fuel supply chain disruption caused by significant reductions in shipping through the Strait of Hormuz and ongoing conflicts in the Middle East. This determination was made under the authority of subsection 536PEA(3) of the Fair Work Act 2009, aimed at providing a timely response to the crisis faced by the transport sector, particularly affecting the road transport industry. The policy objective is to ensure that there is a swift and effective mechanism to deal with the emergency circumstances impacting employment and workplace relations, thereby maintaining stability and fairness in the workforce.
Scope and Application
The Fair Work (Emergency Application – MS2026/1) Determination 2026 applies to the application submitted by the Transport Workers' Union of Australia and the Australian Road Transport Industrial Organisation concerning a road transport contractual chain order for fuel cost recovery. This determination is made in light of the urgent need arising from the fuel supply chain disruption caused by the significant reduction in shipping through the Strait of Hormuz and ongoing conflict in the Middle East. The application is classified as an emergency application under section 536PEA of the Fair Work Act 2009, granting it immediate effect to address the pressing issues at hand. This instrument operates under the authority conferred by the Fair Work Act 2009 and is intended to provide swift resolution to the economic disruptions faced by the transport industry due to the specified global events. It is notable that this determination is a specific measure taken to mitigate the impacts of these extraordinary circumstances, and its provisions are tailored to the particular needs of the industry during this emergency.
Key Provisions
The Fair Work (Emergency Application – MS2026/1) Determination 2026 (sections 1-5) establishes that the application by the Transport Workers’ Union of Australia and the Australian Road Transport Industrial Organisation is recognised as an emergency application. This determination comes under the authority of subsection 536PEA(3) of the Fair Work Act 2009 (section 3) and is in response to the fuel supply chain disruption caused by the reduction in shipping through the Strait of Hormuz and conflict in the Middle East (section 5). The entire instrument comes into effect the day after it is registered (section 2(1)).
Under this determination, the parties involved, namely the Transport Workers’ Union of Australia and the Australian Road Transport Industrial Organisation, are recognised to have submitted a legitimate emergency application concerning fuel cost recovery in the road transport sector (section 5). The obligations imposed on these parties include the timely and accurate submission of their application to the Fair Work Commission, ensuring that it addresses the specific circumstances of the emergency application as defined by the Fair Work Act 2009 (section 536PEA).
Failure to comply with the requirements of the Fair Work Act 2009 or the terms of this determination may result in civil or criminal penalties. While the specific penalties are not detailed in this determination, the Fair Work Act 2009 provides for a range of sanctions for breaches, including fines and imprisonment, depending on the nature and severity of the offence (section 536PEA). The maximum penalties for breaches of the Fair Work Act 2009 can include substantial fines and imprisonment for serious offences. The exact penalties are determined by the courts and are dependent on the specific circumstances of the breach.