Commonwealth Coat of Arms of Australia

Fair Work Amendment (Fairer Fuel) Act 2026

No. 20, 2026

An Act to amend the Fair Work Act 2009, and for related purposes

[Assented to 1 April 2026]

The Parliament of Australia enacts:

This Act is the Fair Work Amendment (Fairer Fuel) Act 2026.

(1) Each provision of this Act 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
1. The whole of this Act	The day after this Act receives the Royal Assent.	2 April 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Fair Work Act 2009

1 Section 12

Insert:

emergency application, in relation to an application for a road transport contractual chain order, or an application for a determination varying or revoking a road transport contractual chain order: see subsections 536PEA(1) and (2).

time‑sensitive road transport contractual chain order means a road transport contractual chain order made or varied as a result of an emergency application.

2 Subsection 536NT(4)

Repeal the subsection, substitute:

(4) However, the FWC may reduce that 12‑month period to another period that the FWC considers is reasonable if:

(a) the order is a time‑sensitive road transport contractual chain order; or

(b) the FWC is satisfied that the circumstances urgently require it, and the period is at least 6 months after the relevant notice of intent for the order was published.

3 Section 536PB

After:

Division 2 empowers the FWC to make road transport contractual chain orders, which set minimum standards to which certain regulated road transport contractors, road transport employee‑like workers and other persons in a road transport contractual chain are entitled in relation to certain matters.

insert:

Normally, a road transport contractual chain order cannot come into operation for at least 12 months after the notice of intent and draft order are issued (or at least 6 months if the circumstances urgently require it). This 12 or 6 month period starts again if the FWC makes significant changes to the draft order. However, in the event of time‑sensitive events or circumstances that negatively impact the road transport industry nationally, these consultation and commencement requirements may be shortened.

4 Subsection 536PD(1) (note)

Omit “Note”, substitute “Note 1”.

5 At the end of subsection 536PD(1)

Add:

Note 2: A time‑sensitive road transport contractual chain order is a road transport contractual chain order (see the definition of time‑sensitive road transport contractual chain order in section 12).

6 Subsection 536PE(1) (note)

Omit “Note”, substitute “Note 1”.

7 At the end of subsection 536PE(1)

Add:

Note 2: The Minister may determine that an application for a road transport contractual chain order is an emergency application in order to deal with a time‑sensitive event or circumstance, or series of events or circumstances, that is negatively impacting, or may negatively impact, the road transport industry nationally: see section 536PEA.

8 After section 536PE

Insert:

536PEA Emergency applications

When an application is an emergency application

(1) An application for the making of a road transport contractual chain order, or an application for a determination varying or revoking a road transport contractual chain order, is an emergency application if the Minister makes a determination under subsection (3) that the application is an emergency application.

(2) The application ceases to be an emergency application when the earlier of the following occurs:

(a) the road transport contractual chain order comes into operation, or is varied or revoked, as a result of the application;

(b) the period of 6 months starting on the day the Minister makes the determination ends.

Ministerial determination

(3) The Minister may determine, by notifiable instrument, that an application referred to in subsection (1) is an emergency application if, having regard to the matters in section 40D (the road transport objective), the Minister is satisfied that:

(a) an event or circumstance, or series of events or circumstances, has occurred or is occurring; and

(b) the event or circumstance, or series of events or circumstances, is currently having, or is likely to imminently have, a significant national negative impact on the road transport industry; and

9 At the end of section 536PF

Add:

(3) If paragraph (1)(a) applies and the application is an emergency application, a direction under subsection 582(4D) does not apply to the FWC when deciding whether to make or vary the road transport contractual chain order.

10 After subsection 536PH(1)

Insert:

(1A) To avoid doubt, if the draft is of a time‑sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity.

11 Paragraph 536PJ(2)(c)

Repeal the paragraph, substitute:

(c) follow the process set out in section 536PH (as affected by subsection (3) or (4) of this section) in relation to the revised draft road transport contractual chain order.

12 Subsection 536PJ(3)

Repeal the subsection, substitute:

(3) For the purposes of paragraph (2)(c), the period of consultation under section 536PH in relation to the revised draft road transport contractual chain order is to be the period of at least 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (2)(b) of this section were published (the draft publication time).

(4) However, the FWC may reduce that 12‑month period to another period that the FWC considers is reasonable if:

(a) the order is a time‑sensitive road transport contractual chain order; or

(b) the FWC is satisfied that the circumstances urgently require it, and the period is at least 6 months starting from the draft publication time.

13 Subsection 536PQ(1)

After “order”, insert “, other than a time‑sensitive road transport contractual chain order,”.

14 At the end of subsection 536PQ(2)

Add “that is not a time‑sensitive road transport contractual chain order”.

15 At the end of section 536PQ

Add:

(3) The FWC must remove a term covered by this section that is included in a road transport contractual chain order if:

(a) the FWC decides to vary the order as a result of an application for a determination varying or revoking the order that is an emergency application; and

(b) the term does not relate to the event or circumstance, or series of events or circumstances, to which the emergency application relates.

Note: For the event or circumstance, or series of events or circumstances, to which the emergency application relates: see subsection 536PEA(3).

16 After section 536PQ

Insert:

536PQA Terms that must be included in a time‑sensitive road transport contractual chain order

(1) A time‑sensitive road transport contractual chain order must include one or more terms relating to the event or circumstance, or series of events or circumstances, to which the order relates.

Note 1: For the event or circumstance, or series of events or circumstances, to which the order relates: see subsection 536PEA(3).

Note 2: Time‑sensitive road transport contractual chain orders must also include the terms set out in sections 536PM, 536PN and 536PP.

(2) Terms relating to the event or circumstance, or series of events or circumstances, to which the order relates may be about, but are not limited to, any of the following matters:

(a) payment times;

(b) fuel levies;

(d) termination, including one way termination for convenience;

(e) cost recovery.

(3) The FWC must include one or more terms covered by this section in a road transport contractual chain order if:

(a) the order is not a time‑sensitive road transport contractual chain order at the time the order is made; and

(b) the FWC decides to vary the order as a result of an application for a determination varying or revoking the order that is an emergency application; and

(c) the term relates to the event or circumstance, or series of events or circumstances, to which the emergency application relates.

Note: For the event or circumstance, or series of events or circumstances, to which the emergency application relates: see subsection 536PEA(3).

17 At the end of section 536PS

Add:

Note: The Minister may determine that an application for a determination varying or revoking a road transport contractual chain order is an emergency application in order to deal with a time‑sensitive event or circumstance, or series of events or circumstances, that is negatively impacting, or may negatively impact, the road transport industry nationally: see section 536PEA.

18 At the end of subsection 536PT(1)

Add:

Note: When deciding to vary a road transport contractual chain order as a result of an emergency application, the FWC must include in the order, or remove from the order, certain terms: see subsections 536PQ(3) and 536PQA(3).

19 Paragraph 536PX(3)(a)

Repeal the paragraph, substitute:

(a) must not be a period that is longer than the relevant period for the order; and

20 Subsection 536PX(5)

Omit “12 months” (wherever occurring), substitute “the relevant period”.

21 After subsection 536PX(5)

Insert:

Meaning of relevant period

(5A) The relevant period for a road transport contractual chain order is:

(a) 12 months, unless paragraph (b) applies; and

(b) for a time‑sensitive road transport contractual chain order—3 months.

22 Section 536PY (heading)

After “must”, insert “generally”.

23 Subsections 536PY(1) and (2)

Omit “12 months of”, substitute “the relevant period starting on”.

24 At the end of section 536PY

Add:

(3) The relevant period for a road transport contractual chain order is:

(a) 12 months, unless paragraph (b) applies; and

(b) for a time‑sensitive road transport contractual chain order—3 months.

25 Paragraph 536QG(3)(a)

Repeal the paragraph, substitute:

(a) must not be a period that is longer than the relevant period for the order; and

26 Subsection 536QG(5)

Omit “12 months” (wherever occurring), substitute “the relevant period”.

27 After subsection 536QG(5)

Insert:

Meaning of relevant period

(5A) The relevant period for a road transport contractual chain order is:

(a) 12 months, unless paragraph (b) applies; and

(b) for a time‑sensitive road transport contractual chain order—3 months.

28 After subsection 536QM(1)

Insert:

(1A) To avoid doubt, if the proposed variation or revocation is of a time‑sensitive road transport contractual chain order, a short period to make written submissions may be a reasonable opportunity.

29 Paragraph 536QN(2)(c)

Repeal the paragraph, substitute:

(c) follow the process set out in section 536QM (as affected by subsection (3) or (4) of this section) in relation to the revised draft road transport contractual chain order.

30 At the end of section 536QN

Add:

(3) For the purposes of paragraph (2)(c), the period of consultation under section 536QM in relation to the revised draft road transport contractual chain order is to be the period of at least 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (2)(b) of this section were published.

(4) However, the FWC may reduce that 12‑month period to another period that the FWC considers is reasonable if the order is a time‑sensitive road transport contractual chain order.

31 In the appropriate position in Schedule 1

Insert:

Part 22—Amendments made by the Fair Work Amendment (Fairer Fuel) Act 2026

131 Application of amendments

The amendments made by Schedule 1 to the Fair Work Amendment (Fairer Fuel) Act 2026 apply in relation to any determination made under section 536PEA of the Fair Work Act 2009 made on or after the commencement of that Schedule in relation to:

(a) an application for a road transport contractual chain order; or

(b) an application for a determination varying or revoking a road transport contractual chain order;

made on or after that commencement.