On 20 April 2026, the Fair Work Commission (FWC) issued the Road Transport Contractual Chain Order – Fuel Cost Recovery – 2026 (Order), in response to sharp fuel price increases associated with the conflict in the Middle East and disruption to shipping through the Strait of Hormuz. The substantive obligations in the Order ceased to apply in June 2026.

On 16 October 2026, the FWC issued a decision in a review of the Order. The FWC has published a notice of intent and draft order, which would have the effect of re-enlivening the substantive obligations under the Order (on a date to be determined), with some variations.

In this Member Advice, we provide an update regarding the FWC's decision and outline the key aspects of the draft order it has published.

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