How we deal with cases

We can consider setting minimum standards for regulated workers and persons in a road transport contractual chain if:

• we receive an application from a person or organisation who is eligible to apply, or
• we decide to commence a case on our own initiative.

Regulated worker is defined at section 15G of the Fair Work Act 2009. Road transport contractual chain is defined at section 15RA of the Fair Work Act 2009.

Before we make or vary a minimum standards order or road transport contractual chain order there must have been genuine engagement with the parties who will be covered by the order.

As part of the consultation process we will publish on our website:

• a notice of intent which states that we propose to make a minimum standards order or a road transport contractual chain order, and
• a draft of the proposed order.

We will provide an opportunity for affected people and bodies to make written submissions on the draft order. We may also hold a hearing to discuss the draft order.

After the consultation process is complete, we will decide whether to make the order. 

If we make significant changes to the draft order, we must start a new consultation process. We will publish a new notice of intent and the draft order on our website.  

We may ask for the views of interested parties (submissions) when a case is in progress. You can subscribe to our email updates to be advised when we are seeking submissions.

If we call for submissions for a case, you can write to us about it. Use the case number that relates to the application when you contact us. You can find the case number in the table on this page.

Submissions and correspondence about current cases are published on the Regulated worker and road transport contractual chain standards cases webpages. We may redact confidential or commercially sensitive information before we publish them. Please tell us if there is information you want us to redact.

Before you send a document:

• check the format is an approved file type (Word, PDF, RTF or Excel)
• remove any document passwords or file restrictions.

Please email any correspondence or submissions to rws@fwc.gov.au.

For more information about making submissions read our Information note for parties (pdf).

Some cases relating to the road transport industry  must be determined by an Expert Panel for the road transport industry. The road transport industry is defined at section 15S of the Fair Work Act 2009.

We must also consult the Road Transport Advisory Group before we can make or vary a road transport minimum standards order or a road transport contractual chain order.

Learn how to Apply for a regulated worker or road transport contractual chain standard.