The Government and the Fair Work Commission (FWC) are taking various steps in response to fuel price increases as a consequence of the ongoing conflict in the Middle East. This includes:

• the recent passage of the Fair Work Amendment (Fairer Fuel) Act 2026 (Cth). The effect of the amending legislation was explained in a member advice published on 30 March 2026 (NAT 014/26), when it was in the form of a Bill before Parliament. No substantive amendments were made to the Bill before it was passed by Parliament.

• new proceedings before the FWC concerning an application made by the Transport Workers’ Union and Australian Road Transport Industrial Organisation for a road transport contractual chain order (Order), on 2 April 2026 (Application). The Order would impose significant obligations on ‘primary’ and ‘secondary’ parties in a supply chain, including to pay rates for road transport services that ensure fuel cost recovery, as well as to conduct weekly reviews of those rates and adjust them as required to maintain fuel cost recovery. The proposed Order also contains other complex obligations that go to the terms of the contractual arrangements in place in a contractual chain.
  
  Interested parties have an opportunity to file submissions and any evidence in relation to the Application by 5:00 pm on 7 April 2026 and the matter has been listed for hearing on 8 April 2026. It appears that the FWC intends to deal with the matter on an expedited basis. Australian Industry Group will play a leading role in the proceedings. We will shortly file a submission raising a raft of concerns about the terms of the Order sought by the applicants.

Members are invited to attend meetings convened by Australian Industry Group later this week, during which we will provide an update as to the progress of the proceedings before the FWC. Members are also encouraged to provide any feedback regarding the Application and proposed Order at the earliest convenience and / or during the meetings.

Further information is contained in the Member Advice.