Application by Transport Workers’ Union of Australia
Citation: [2024] FWC 3470
What happened
The Transport Workers' Union of Australia (TWU) lodged four applications seeking minimum standards orders for employee-like workers and road transport workers, plus a road transport contractual chain order. Menulog Pty Ltd separately applied to create a modern award covering the on-demand delivery services industry. All five applications were referred to the Road Transport Advisory Group (RTAG), a specialist advisory body under the Fair Work Act 2009. President Hatcher directed the RTAG to advise on how the Commission should prioritise and process the applications. The RTAG provided its advice on 11 December 2024, slightly after the original deadline, and President Hatcher granted an extension of time. The decision published the RTAG's advice and invited interested parties to make submissions by 23 December 2024.
What was decided
President Hatcher issued a procedural statement and direction, not a final ruling on the merits. He accepted the RTAG's late advice, published it, and opened a submissions process for interested parties. Submissions were due by 23 December 2024. Following that process, President Hatcher indicated he would issue a further statement setting out the next steps for all five applications. No orders, penalties, or awards were made at this stage.
What it means for employers
Businesses that engage workers in road transport or on-demand delivery should monitor these proceedings closely. Minimum standards orders, if ultimately made, could impose pay, conditions, or supply-chain obligations on operators who use contractor or employee-like arrangements. Affected businesses were invited to make submissions by 23 December 2024.
What it means for employees
Workers in road transport and on-demand delivery, including those classified as independent contractors or employee-like workers, may be affected by any minimum standards orders that eventually result from these applications. No protections have been confirmed yet. Workers with an interest in the outcome could make submissions through the process outlined by President Hatcher.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →