Application by Transport Workers’ Union of Australia
Citation: [2024] FWCFB 427
What happened
The Transport Workers' Union of Australia (TWU) lodged four applications with the Fair Work Commission in August and September 2024. Three applications (MS2024/1, MS2024/2, MS2024/3) sought minimum standards orders covering employee-like workers and independent contractors doing 'last mile' delivery work and food delivery. A fourth application (MS2024/4) sought a road transport contractual chain order. The Commission's President constituted an Expert Panel for the road transport industry to facilitate consultation with affected parties. The Australian Industry Group submitted that consultation should wait until the Road Transport Advisory Group advised on prioritisation. The Expert Panel decided to convene a procedural conference on 29 November 2024 in Sydney to discuss how consultation would proceed across all four applications.
What was decided
This is a procedural statement, not a final decision on the merits. The Expert Panel for road transport industry consultation decided to hold a conference on 29 November 2024 with all parties who had made submissions. The conference was limited to discussing the consultation process only and would not deal with the substance of any of the four applications. The Road Transport Advisory Group had separately been directed to advise on prioritisation of the applications by 6 December 2024.
What it means for employers
Transport and logistics businesses engaging independent contractors or employee-like workers for delivery work should monitor these proceedings closely. If minimum standards orders are ultimately made, they could set enforceable minimum pay and conditions for gig-style delivery contractors. At this stage no orders have been made, but affected businesses were invited to participate in the consultation process.
What it means for employees
Workers doing last mile delivery or food delivery as independent contractors or in employee-like arrangements may eventually benefit from minimum standards orders if the applications succeed. No new rights have been granted yet. These proceedings represent an early procedural step toward potentially establishing baseline protections for road transport contractors outside the standard employment framework.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/application-by-transport-workers-union-of-australia-2024-fwcfb-427Want more cases like this?
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This summary was drafted by AI 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 →