Emergency FWC review of fuel costs road transport order – key dates

29 Apr 2026
2 minutes

The FWC will conduct the first review hearing on Monday, 25 May 2026 of the Road Transport Contractual Chain Order for Fuel Cost Recovery (RTCCO) made last week.

It will consider urgent implementation or interpretation problems that have arisen for businesses affected by the RTCCO, in an engagement conference this Friday, 1 May 2026.

If your business wishes to express views to the FWC about RTCCO implementation or interpretation problems and how these could be addressed, you need to take action by this Thursday, 30 April 2026 to ensure participation in the engagement conference.

How can my business participate in the emergency review?

Engagement conference

If your business wants to put your urgent implementation or interpretation problems before the FWC for consideration, it can participate in the engagement conference before the FWC on Friday, 1 May 2026.

Your business should advise the FWC of its intention to do so by 12:00 pm on Thursday, 30 April 2026.

If you are experiencing implementation or interpretation problems related to the RTCCO and would like support in participating in the engagement conference, please reach out to one of the Partners listed below.

First review hearing

The first review hearing will also be heard by the FWC on Monday, 25 May 2026.

Parties who wish to participate in this hearing should notify the FWC by 4:00 pm on Thursday, 21 May 2026. Your business can also file materials for consideration at the hearing by 4:00 pm on Thursday, 21 May 2026.

Filing of materials is optional and not a precondition of hearing participation.

What is the reason for the emergency review?

The RTCCO provides the FWC can conduct a first review of the RTCCO at an early stage and regular reviews thereafter.

The first review of the RTCCO recognises:

  • the current Middle East conflict and the disruption to the supply of oil are evolving in a rapid and unpredictable way and that; and

  • the urgency with which the RTCCO has been developed makes it possible, if not likely, that there will be unintended consequences which will need to be addressed on an expedited basis.

As part of the review, any party may identify implementation or interpretation problems they have experienced and express any views about how these might be addressed.

Emergency review key dates

Thursday, 30 April 2026
12:00 pm AEST
Advise the FWC of your business' intention to participate in the engagement conference
Friday, 1 May 2026
10:00 am AEST
FWC to conduct engagement conference
Thursday, 21 May 2026
4:00 pm AEST
File materials for first review hearing
Thursday, 21 May 2026
4:00 pm AEST
Advise FWC of your business' intention to participate in the first review hearing
Monday, 25 May 2026
10:00 am AEST
FWC to conduct first review hearing

Next steps

If your business is affected by the RTCCO, we recommend that you:

  1. Record key dates. Record the RTCCO emergency review key dates

  2. Consider if your business wishes to participate in the FWC emergency review. Consider if your business is experiencing implementation or interpretation problems related to the RTCCO and if your business may wish to participate in the FWC engagement conference and/or first review hearing

  3. Seek legal advice. We encourage you to contact us urgently if your business is experiencing implementation or interpretation problems related to the RTCCO and is considering participating in the FWC engagement conference and/or first review hearing

Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.