As ACAPMAg has covered (here and here), last week the Fair Work Commission has published the Order that requires companies at the top of the supply chain to reimburse those lower in the chain for the increase in fuel costs. The Commission has now set the date for the first monthly review of the Order, along with a special Engagement Conference set for this week for those businesses that are having trouble interpreting or implementing the Order to seek the guidance of the Commission.
Engagement Conference
The Engagement Conference was announced by the Expert Panel in a statement issued this week and invites those parties who are impacted by the Order to attend the Commission to communicate problems, questions or implementation issues it is seeing with the Order.
The Engagement Conference is set down for 10:00 1 May 2026.
Parties who wish to attend this Engagement Conference must provide notice to the Commission by noon 30 April 2026.
First Review of Order
The first formal review of the Order has been set down for 10:00 25 May 2026, in Sydney.
The Commission is encouraging all parties who are seeking to have evidence considered at this review to provide copies of any submissions, witness statements and other evidence would need to submit those, along with notice to participate, to the Commission by 16:00 21 May 2026. These notices to participate and evidence/submissions should be forwarded to; the Commission via email chambers.hatcher.j@fwc.gov.au
What now?
“With the publication of the Order it is vital that all parties in a road transport contractual chain understand the Order now, and establish fuel cost recovery mechanisms and pass through systems in the next few days. This Engagement Conference is an opportunity for clarity, which transport operators are calling for, particularly those that hold a multitude of positions in the chain within complex contractual arrangements”, explains ACAPMAs Elisha Radwanowski.
“Even for those further down the contractual chain will be required to engage with those higher up the chain so that those who have obligations under clause 4.2 of the Order can demonstrate that they have taken reasonable steps, so businesses may be called on to provide information or complete surveys. The hurried and landmark nature of this Order means that the full impact this will have on each level of the transport industry, including the fuel transport industry, is at this time unknown”, continues Elisha.
“ACAPMA is encouraging all members to familiarise themselves with the particulars of the Order, to engage with the other participants in their supply chain, and to keep note or comments on the impact of the Order so that they can be folded into submissions to the Fair Work Commission for their first review next month”, concluded Elisha.
More information
For a copy of the Order see – https://www.fwc.gov.au/documents/awardsandorders/pdf/pr798817.pdf
For a copy of the Statement for the Engagement Conference and First Order Review see – https://www.fwc.gov.au/documents/sites/ms2026-1/2026fwcfb99.pdf
Here to Help
HR Highlights are things to consider, implement and watch out for in your business.
They are provided as general advice and you should seek further advice on your situation. Members can do this by emailing employment@acapma.com.au.
ACAPMA Membership is affordable at only $860 per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Click here to learn more about ACAPMA Membership.
Elisha Radwanowski BCom(HRM&IR)
ACAPMA
