The Department of Employment and Workplace Relations is seeking your views on a proposed Ministerial determination to allow a road transport contractual chain order to be made in less than 6 months.
The Hon Amanda Rishworth MP, Minister for Employment and Workplace Relations, is considering making a determination under section 536PEA(3) of the Fair Work Act 2009, as amended by the Fair Work Amendment (Fairer Fuel) Act 2026, in response to the fuel supply chain disruption resulting from, and which continues to be affected by, the significant reduction in shipping through the Strait of Hormuz and conflict in the Middle East.
A draft of the Minister’s proposed determination is available.
If made, the proposed determination would make the Transport Workers’ Union and Australian Road Transport Industrial Organisation’s application for a road transport contractual chain order (MS2026/1) an ‘emergency application’ for the purposes of Chapter 3B of the Fair Work Act. This would allow the Fair Work Commission to finalise the application without the usual 6-month minimum timeframe.
The Minister can determine that a road transport contractual chain order application is an emergency application if the Minister is satisfied that:
- an event or circumstance, or series of events or circumstances, has occurred or is occurring
- the event or circumstance, or series of events or circumstances is having, or is likely to imminently have, a significant national negative impact on the road transport industry
- it is in the public interest to make the determination.
In considering the matters above, the Minister must have regard to the road transport objective in section 40D of the Fair Work Act.
Consultation on the Minister’s proposed determination is a separate process to the Fair Work Commission’s consultation on MS2026/1.
A copy of MS2026/1, including the parties’ correspondence to the Minister, can be found on the Fair Work Commission’s website.
Have your say
The Department of Employment and Workplace Relations is seeking potentially affected parties’ views on the proposed determination. This includes feedback on whether current fuel challenges are having a significant national negative impact on the road transport industry and whether it would be in the public interest to allow the Commission to expedite consideration of the application for a road transport contractual chain order.
In recognition of the urgent nature of this matter, the department requests written submissions to be made via email to employee‑like@dewr.gov.au by 5 pm AEST, Wednesday 8 April 2026.