Category: Transport & Logistics

A version of this article was published in the August/September 2026 edition of The DCN.

In recent years, the international supply chain has been subject to some serious challenges, including the insolvency of a major shipping line, the COVID-19 pandemic, closures of shipping channels and a series of armed conflicts, including the ongoing US and Iran conflict.

The tariff measures introduced by the second Trump administration have also generated significant uncertainty and heightened risk in global markets. Retaliatory actions by affected countries have amplified the impact of these tariffs, while also encouraging other nations to adopt measures reflecting protectionism and national interest.‌

On 16 April 2026, we published an article that detailed the Transport Workers’ Union of Australia and the Australian Road Transport Industrial Organisation’s joint application (MS2026/1) for an expedited road transport contractual chain order (RTCCO) to address the disruption to the fuel supply chains due to the difficulties in shipping through the Strait of Hormuz. Since publishing that article, the Fair Work Commission (FWC) has made the anticipated emergency RTCCO.

Australia’s road transport sector is facing a convergence of pressures that threatens its economic sustainability. At the center of these challenges are the widespread use of sham contracting arrangements by some players in the industry, and the growing urgency of fuel cost recovery for road transport operators.

It is common practice for businesses to have a set of standard form terms and conditions that apply to all their business agreements for the supply of goods or services. This is a good practice, but only when it is implemented properly.

On 30 January 2026, the Office of the Australian Anti‑Slavery Commissioner (OAASC) released its initial position paper outlining recommendations to strengthen Australia’s Modern Slavery Act 2018 (Cth) (MSA).

Recent data published by Australia’s corporate regulator, the Australian Securities and Investments Commission (ASIC), indicates that the number of corporate insolvencies in Australia continues to rise. In an industry where the margins are notoriously tight, transport and logistics operators can find themselves in parlous financial circumstances very quickly if one of their customers suffers financial stress.

Recent amendments to Australia’s customs laws have made significant changes to who can work in licensed premises — such as warehouses, depots and bond stores — with a strong focus on bolstering supply chain security.

Shareholder disputes affect companies of all sizes across all industries in Australia and are far more common than you might think. The transport and logistics industry is certainly not immune.

Case note: Thomas Trevan v Vardan Towing & Transport Pty Ltd [2025] FWC 49

Unfair dismissal cases are the last thing a transport operator wants to see landing on their desk.  A recent case in the Fair Work Commission (FWC) is an example of how it can go wrong if you don’t address the issue squarely.

On 25 March 2025, Treasurer Jim Chalmers delivered the Federal Budget for 2025-26 (Budget) announcing significant measures in relation to trade, border security, infrastructure, transport and manufacturing.

From 26 February 2025, independent contractors can file claims in the Fair Work Commission (FWC) to set aside unfair contract terms.

In addition, while eligible employees have long had unfair dismissal protections, some gig workers and contractors are able to apply to the FWC under new unfair deactivation and termination provisions.

While heavily regulated, the transport and logistics industry continues to experience increasing and expanded security threats. The most recent threats are cyber threats, smuggling of tobacco, vapes and other illicit substances. Late last year, new legislation was introduced into Parliament that reflects the need for increased security in the transport industry.

On 1 October 2024, a short strike commenced in the United States (US) by the East Coast and Gulf Coast dockworkers represented by the International Longshoremen’s Association (ILA). The strike was the first large–scale strike in nearly 50 years, halting the flow of approximately 50 percent of the US ocean shipping. It took place after negotiations for a new labour contract, which dealt with wages and terminal automation project issues, collapsed. The ILA does not appear keen to adopt new automation issues, viewing them as a threat to ongoing work of its members.

In today’s uncertain economic climate, marked by inflation and high interest rates, many industries are struggling with clients who are late on payments. The transport and logistics sector is no exception. However, these companies may mitigate their risks by including contractual liens in their service agreements.

As a transport and logistics operator, while you cannot exclude all liability, you can limit your liability.

Trying to exclude all liability is extremely high-risk, if not impossible.

The Australian Border Force (ABF) has introduced new customs broker licensing conditions effective from 1 July 2024. These new conditions placed upon licensed customs brokers (brokers) complement more stringent conditions previously imposed on bonded warehouse and depot licences introduced in November 2022.

The Unfair Contract Terms (UCT) regime has been updated to broaden its application and impose penalties for breach and has been in effect since 9 November 2023.

On 14 May 2024, Treasurer Jim Chalmers delivered the Federal Budget for 2024-25 (Budget) announcing significant measures in relation to trade, biosecurity, infrastructure, logistics and manufacturing.

Rigby Cooke Lawyers assisted DSV Air & Sea on its 10-year lease agreement with Port of Brisbane Pty Ltd (PBPL) for a warehouse and container hardstand on a 4.8ha site on Fisherman Islands, which was announced recently.

Case note: Chiodo v Silk Contract Logistics [2023] FCA 1047

In a recent decision of Chiodo v Silk Contract Logistics [2023] FCA 1047, the Federal Court dismissed a truck driver’s claim that he was an employee and therefore entitled to payment for annual leave and long service leave, as well as superannuation. The Court found that the truck driver was a contractor and not entitled to the benefits usually afforded to an employee.

The Court’s decision re-emphasises the importance that is placed in defining the contractual relationship between parties when assessing whether an individual is an employee or an independent contractor.

On 4 December 2023, the National Heavy Vehicle Regulator’s (Regulator) prosecution case against a transport company and some of its executives, for various breaches of the National Heavy Vehicle Law (NHVL) – including the most serious being Category 1 breaches – was heard at the Downing Centre Court in New South Wales. The case concerned the incident on the Eastern Freeway in April 2020 where four Victoria Police officers were killed whilst conducting a roadside intercept.

Transport and logistics are the backbone of Australia’s economy, with the need for secure and efficient storage facilities increasing steadily. Whether you are a seasoned logistics professional or a newcomer to the industry, leasing a transport storage facility in Australia can be a complex process. This article serves as a guide to help you navigate the intricacies of leasing a transport storage facility.

The Unfair Contract Terms (UCT) regime is being updated to broaden its application and impose penalties for breach.

The fuel tax credit scheme refunds fuel tax to users of heavy vehicles, machinery, plant and equipment, and light vehicles used off public roads.

A version of this article was first published by VTA in August 2023.

It has become apparent that there is some confusion about how labour hire regulation impacts the transport industry. A business can be liable for a penalty exceeding $590,000 for using an unlicensed provider, or providing labour without a labour hire licence — so it’s important to get it right.

A version of this article was first published by The DCN in September 2023.

On 20 July 2023, the Productivity Commission (Commission) issued its Trade and Assistance Review 2021-22.

The recent case of Jamsek v ZG Operations Australia Pty Ltd (No 3) (Jamsek) has clarified the application of the superannuation guarantee (SG) regime to truck drivers.

On 9 May 2023, the Australian Federal Treasurer delivered the Australian Federal Budget for 2023-24 (Budget).

A version of this article was first published by The DCN in March 2023.

The international supply chain has experienced significant turmoil across the past few years from the combined effects of the Covid-19 pandemic, the conflict in Ukraine and the trade disputes between China and many developed nations.

The Unfair Contract Terms regime (UCT) is intended to prevent businesses with a stronger bargaining position from relying on unfair terms in standard form contracts with consumers and/or small businesses.

There has been an increase in investigations by the Australian Taxation Office (ATO) into superannuation guarantee compliance within the transport and logistics industry.

On 16 December 2022, Attorney-General Mark Dreyfus announced the federal government’s plan to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new administrative review body. The reasons for the proposed abolition were that the AAT had become too politicised through politically motivated appointments of AAT members, which rendered the tribunal dysfunctional.

A version of this article was first published by The DCN in February 2023.

On 25 October 2022, Federal Treasurer Jim Chalmers handed down the Budget of the newly elected Government for 2022-23.

The Fair Work Ombudsman (FWO) succeeded in seeking a penalty against the operator of a freight distribution business for a failure to comply with a Compliance Notice.

All too often, we come across situations where businesses fail to properly protect their brands which include trading names and logos.

We have observed a recent increase in State Revenue Office (SRO) investigations regarding payroll tax compliance.

On 22 May 2022, the Supreme Court of South Australia handed down a decision in Cleanaway Operations Pty Ltd v Phillip Hanel (Commonwealth: Comcare) [2022] SASC 52 upholding the conviction of Cleanaway Operations Pty Ltd (Cleanaway) for offences under section 32 of the Work Health and Safety Act 2011(Cth) (Act).

The Australian Labor Party (ALP) proposed a number of amendments in the workplace and industrial relations space which, given the election outcome, the Albanese government is likely to pursue.

On 15 June 2022, the Fair Work Commission handed down its 2022 Annual Wage Review decision.

We are delighted to share the news that our Workplace Relations team has recently been appointed by the Victorian Transport Association (VTA) to provide a workplace and industrial relations advisory service to members of the VTA and the Australian Road Transport Industrial Association (ARTIO).

On 29 March 2022, the Treasurer handed down the Australian Federal Budget for 2022-23 (Budget).

On 29 March 2022, the Treasurer handed down the Federal Budget for 2022-23.

Two related decisions handed down by the High Court of Australia on Wednesday 9 February 2022 continue the approach of the Court enunciated in the Workpac v Rossato [2021] HCA 23 (Rossato) decision handed down last year giving primacy to the terms of the written contract to determine the nature of the relationship between the parties.

On 26 July 2021, the Fair Work Ombudsman (FWO) successfully secured a pecuniary penalty of $21,500 in the Federal Circuit Court against the operator of a long-haul trucking business based in Melbourne for failing to comply with a Compliance Notice requiring back-payments of entitlements to a former truck driver.

During these difficult times, it is important that all members of the supply chain remember their obligations under the Heavy Vehicle National Law (HVNL) and, in particular, their primary duty under the Chain of Responsibility (CoR) provisions. The potential financial and legal ramifications of failing to comply with those obligations can be significant as seen in a recent case in Queensland.

There have been a number of developments in recent weeks that all transport and logistics operators with employees need to be aware of.

This article was first published on 12 May 2020 by Daily Cargo News.

I have previously written the effects of COVID-19 in the international supply chain as well as having presented at meetings and webinars. This included a recent webinar with the Customs Brokers and Forwarders Council of Australia, which was attended by more than 300 members.

On Wednesday 29 April 2020, the Australian Federal Government and the Queensland Government announced that works on 22 jointly funded projects would be brought forward under the Roads of Strategic Importance (ROSI) initiative. The full announcement is available here.

The National Heavy Vehicle Regulator (NHVR) has accepted an enforceable undertaking from Laing O’Rourke Australia Construction Pty Ltd (Laing O’Rourke). This is the first enforceable undertaking of its kind to be accepted by the NHVR.

With the COVID-19 pandemic continuing to spread and both State and Federal Governments announcing changes to their response policies daily, there has been understandable concern about the continued operation of the supply chain domestically and internationally.

With the recent introduction of the offence of workplace manslaughter in Victoria, it is important for organisations and their officers to understand the risks should they fail to maintain their health and safety obligations and how the consequences differ across the nation.

From 1 April 2020, in a significant extension to the director penalty regime, company directors will be personally liable for unpaid GST (including luxury car tax and wine equalisation tax).

Readers may be aware that on 1 October 2018 changes to the Chain of Responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL) were implemented. These changes imposed a primary duty on each party in the supply chain to ensure that everything reasonably practical to guarantee safety in transport and reduce the risk of harm and loss, is done.

Amendments to the Owner Drivers and Forestry Contractors Act 2005 (ODFC Act) passed the Victorian Parliament on 12 September 2019, granting greater rights to contractors who own and drive their own vehicles.

Large penalties for ‘providing’ or ‘using’ unlicensed labour hire in the Transport industry

The Labour Hire Licensing Act 2018 (Act) establishes a licensing scheme to regulate labour hire providers and labour hire users in Victoria.

Linfox Australia Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2019] FCAFC 131

The Full Court of the Federal Court recently handed down a decision in Linfox Australia Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2019] FCAFC 131 (Linfox Case) in relation to fuel tax credits claimed by Linfox pursuant to the provisions of the Fuel Tax Act 2006 (Cth) (FTA).

The Commonwealth Notifiable Data Breaches (NDB) scheme has now been in place for over 18 months and has been widely publicised. Your organisation should be aware of its obligations and have a data breach response plan in place so that quick action can be taken if a breach occurs or is suspected to have occurred.

Businesses that provide road freight services have increased tax compliance obligations as they are now subject to the Government’s Taxable Payments Reporting System (TPRS).

The term seems to have first arisen in the early 1990s with reference to an ‘open distributed ledger that can record transactions between two parties efficiently and in a verifiable and permanent way’ and was developed to serve as a ‘public transaction ledger’ for the bitcoin cryptocurrency.

With the ever increasing responsibility on companies and their directors and officers to ensure safety and security in the workplace, as well as to ensure compliance with the Heavy Vehicle National Law (HVNL), various forms of workplace surveillance are increasingly being used by employers in the transport and logistics industry.

Adjustments to wages and remuneration in the transport industry commence today.

The following tables detail the new minimum rates of pay for part-time and full-time employees under various modern awards, applicable to adult employees in the transport industry.

Australia depends heavily on sea cargo and the efficient movement of goods through the supply chain both for exports and imports. The benefits of the proliferation of free trade agreements (FTAs) and other initiatives aimed at facilitating trade and reducing barriers and costs, can be compromised when access to the infrastructure is limited, delayed or made more expensive, especially where there is little recourse against those practices.

When most goods enter the country, the completion of customs formalities usually includes the payment of customs and excise duty. However in a number of cases, the duties are not paid on import and the goods are moved under “customs control” to “licensed premises” which are secured facilities, whether bonds or warehouses where goods are held pending payment of the duties and release into “home consumption” for wider use, often for retail sale.

One of the fundamental questions any business owner needs to address is how to finance their assets. On commercial grounds, the various options have important implications.

Contracts to provide transport or logistics services are vital to business success, but if not well negotiated, can have serious or even fatal consequences for the transport or logistics provider.

Readers will be aware that significant changes to the Chain of Responsibility (CoR) provisions under the Heavy Vehicle National Law (HVNL) came into effect on 1 October 2018.

While there has recently been significant commentary on Chain of Responsibility under the Heavy Vehicle National Law and transport of goods by road the most common manner of importing and exporting goods to and from Australia is by sea.

Rigby Cooke Lawyers partner and litigation and dispute resolution specialist Elizabeth Guerra-Stolfa recently warned of the consequences to members of the supply chain for failing to be prepared to meet their obligations under the new Chain of Responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL) which came into effect on 1 October 2018.

This article was first published by the Customs Brokers and Forwarders Council of Australia.

I have been working with the Customs Brokers and Forwarders Council of Australia (CBFCA) to develop guidance material and host legal forums on the introduction of the Trans-Pacific Partnership (TPP-11), a free trade agreement that comes into play from 30 December 2018.

Governments and, increasingly big companies, are using tender processes (including Request for Proposals and Request for Tenders) to award contracts to transport and logistics companies.

Since the launch of Bitcoin in 2009, more and more people have become aware of blockchain technology, and its potential to revolutionise payments systems. However, blockchain has many applications beyond cryptocurrency. ‘Smart contracts’ – computer code which execute the terms of an agreement have the potential to revolutionise commercial transactions.

The Heavy Vehicle National Law (HVNL) requires that heavy vehicles, their components and their loads meet mass requirements including mass limits. The Heavy Vehicle (Mass, Dimension and Loading) National Regulation sets out, among other things, the mass requirements, mass limits and exemptions applicable to heavy vehicles.

This may seem a somewhat straightforward question, but, as with many tax questions, the answer is not particularly easy. Like most of these matters, the answer depends on the circumstances.

Changes to the Heavy Vehicle National Law (HVNL) took effect on 1 October 2018. These changes relate to new inclusions to Chain of Responsibility (CoR) laws, and resemble the current risk-based approach that is applied in workplace health and safety law.

Readers will be aware from our previous articles (available here, here and here) that the new Chain of Responsibility (CoR) provisions under the Heavy Vehicle National Law (HVNL) will come into force on 1 October 2018.

From taking “reasonable steps” to manage risk, to the imposition of a Primary Duty.

The Chain of Responsibility (CoR) regime is intended to ensure that responsibility for preventing breaches of the Heavy Vehicle National Law (HVNL) are shared by each member of the supply chain.

There has been a recent focus on breaches of the Heavy Vehicle National Law (HVNL) in the lead up to the implementation on 1 October 2018 of the primary duty obligations under the Chain of Responsibility (CoR) provisions of the HVNL.

Transport companies often have people working for them, or providing services to them, in a number of different capacities.

Transporting goods by road can be a risky and expensive process.

The risk of damage to or loss of goods transported by road is a real concern for not only the seller and buyer of those goods but also the private carrier responsible for transporting the goods.

In follow up to our recent article titled Independent Contractors or Employees, while it’s one thing to know the difference between employees and independent contractors, an important issue to consider is the consequences for getting the classification wrong.

Transport companies often have people working for them, or providing services to them, in a number of different capacities. In addition to full-time, part-time and casual employees, transport companies may engage drivers or other workers who are described as independent contractors and who may rely exclusively on the transport company for work and income and be subject to significant control of their activities by the transport company.

The following tables detail the new minimum rates of pay for part-time and full-time employees under various modern awards, applicable to employees in the transport industry.

The National Heavy Vehicle Regulator (NHVR) has announced that the new Chain of Responsibility (CoR) provisions under the Heavy Vehicle National Law (HVNL) will be implemented from 1 October 2018.

Earlier this month in MWP Transport Pty Ltd & Ors v Kent & Ors [2018] NSWSC 300, the Supreme Court of New South Wales granted a transport company a freezing order over the assets of its group’s Chief Financial Officer (CFO) and a number of his companies after he admitted to theft of more than $5 million over an extended period.

Changes to the Heavy Vehicle National Law (HVNL) are due to take effect in mid-2018. These changes relate to new inclusions to Chain of Responsibility (CoR) laws, and resemble the current risk-based approach that is applied in workplace health and safety law.

This article was written by Rigby Cooke Lawyers Trade and Customs Partner Andrew Hudson, and was originally published by Lloyd’s list Australia on 6 February 2017. For further information, please contact Andrew Hudson

The first week of the Trump administration delivered a number of the outcomes promised during the election campaign and put to rest the theories that the outcomes were only rhetoric.

This article first published in Air Cargo Asia Pacific magazine: Issue 246, January 2017

With the inauguration of the new US President in the rear view mirror and the first run of executive orders signed, sealed and delivered, it is looking likely that we may see a new world order focused on ‘local interests’.

A recent case in the Supreme Court of South Australia has highlighted the consequences for employers who allow their employees to drive unroadworthy vehicles.

The Heavy Vehicle National Law and Other Legislation Bill 2016 was introduced into Queensland parliament on 13 September 2016 and looks to amend the Heavy Vehicle National Law. The Bill was referred to the Transport and Utilities Committee for comment by 1 November 2016.

Cashing out annual leave, excessive annual leave and annual leave in advance.

The Fair Work Commission (FWC) has reviewed annual leave in modern awards and there have been changes to the annual leave provisions to the transport industry modern awards to¹ :

In a sobering lesson for trucking companies, the Industrial Relations Court of South Australia has ordered Atkins Freight Services Pty Ltd (Atkins Freight), an Adelaide transport company, to pay penalties of $93,000 and back-pay more than $374,000 to 10 truck drivers.

In breaking news, the Road Safety Remuneration Tribunal (RSRT) was abolished by Parliament last night.

Rigby Cooke recently acted for a client that had entered into a sub-lease with a global transport and logistics provider. The site was to be used as a depot for our client’s business, which relies heavily on the use of B-Doubles.

Rigby Cooke recently acted for a client in a NSW Supreme Court case which clearly defined the Chain of Responsibility laws that relate to consignors and loaders of goods.

Scott’s Transport has been issued with what appear to be the most severe penalties for breaches of Chain of Responsibility laws in Australia to date.