Weekly freight wrap: ATA pushes for fuel cost recovery, sham contracting under spotlight, and Victoria sets election priorities

Is the fuel cost recovery order coming back?

Yes — the Australian Trucking Association (ATA) will urge the Fair Work Commission to revive it. The fuel cost recovery order originally came into force on 21 April 2026 and required parties in the road transport contractual chain to adjust their rates to cover increased diesel costs resulting from the Iran war. The order ended when the national weekly average terminal gate price of diesel fell below $2.00 per litre, but prices have since risen again following the collapse of the US-Iran ceasefire.

ATA CEO Mathew Munro said the fuel price emergency is not over. "Although our council acknowledged that many trucking operators did not benefit from the order, including because they already had fuel levies, others have been able to use the order as a starting point to have rate discussions with their customers."

The ATA submission will support reviving the rate adjustment obligations with amendments to remove ambiguity around when those obligations apply.

What's the latest warning on sham contracting?

Truck Moves Australia has called out sham contracting as a systemic problem costing drivers millions. The vehicle relocation specialist says drivers in the transport sector are being engaged under ABNs and paid cents-per-kilometre or flat trip rates instead of the legal hourly rates under the MA000038 Road Transport and Distribution Award — a Fair Work Commission ruling that has been law since 1 July 2018.

The real cost to drivers includes no overtime, no weekend penalties, no travel time, no workers' compensation if injured, no superannuation, and exposure to unpaid tax debts. Truck Moves Australia said cheaper tenders in trucking often equate to wage theft, and that 'systematic underpayment isn't an efficiency, it's wage theft.'

The company also warned that the practice is a Chain of Responsibility issue, and that customers who engage non-compliant operators may soon be held liable under new industrial court tools aimed at stamping out sham contracting.

What did the NHVR court outcome on executive responsibility mean?

A court outcome on 27 August 2026 reinforced that executives of legal entities can be held personally responsible for heavy vehicle safety under the amended Heavy Vehicle National Law. The case underscores Section 26D of the HVNL — the duty of executive legal entities — which requires company officers to exercise due diligence to ensure their business complies with the law.

The NHVR said the outcome sends a clear signal that executive accountability is not theoretical. Under the 2026 HVNL reform, the Primary Duty and executive due diligence obligations are actively enforced, and courts are treating safety failures at the leadership level seriously.

What is the VTA pushing for in the Victorian election?

The Victorian Transport Association (VTA) released its 2026 Victorian State Election Policy Priorities on 25 August 2026, ahead of the November 28 election. The priorities focus on: long-term infrastructure planning and corridor protection; investment in road and rail connectivity; practical decarbonisation initiatives; workforce development and stronger pathways into transport; and regulatory reforms that enhance productivity while maintaining safety standards.

VTA CEO Peter Anderson said the submission deliberately focused on achievable reforms. "Industry is looking for practical outcomes, not policy for policy's sake. That means investment in critical freight infrastructure, smarter regulation, improved network access, stronger workforce pathways and planning decisions that recognise the essential role freight plays in Victoria's economy."

What else happened this week?

Three more items worth noting:

• NatRoad Awards 2026 nominations are open (closing 18 September). Categories include Sam Sali National Young Driver of the Year, Professional Driver of the Year, and Excellence in Operational Support. Winners announced at NatRoad Connect 26 in November.
• Heavy vehicle registration charges rose 3 per cent on 1 July 2026 under the Heavy Vehicle Charges Model Law. Implementation timing varies by state and territory.
• Road Freight NSW continued its call for urgent progress and clear timelines on Great Western Highway repairs, with freight operators and regional communities dealing with major disruption following the highway's closure.

What to do this week

• If your contracts do not have a fuel cost adjustment clause, prepare a rate discussion paper now. The ATA's push for order revival signals that fuel volatility is not going away.
• Review your driver engagement model. If anyone in your business is being paid under an ABN for work that looks like employment, get legal advice on whether the arrangement complies with the Award.
• If you are an executive or director, schedule a 30-minute review of your safety governance documentation. The NHVR is actively enforcing executive accountability under the new HVNL.
• Victorian operators: note the November 28 election in your calendar and watch for freight policy commitments from the major parties.
• NSW operators using the Great Western Highway: monitor Road Freight NSW updates for any change to detour conditions or reopening timelines.

Sources

• Prime Mover Magazine — ATA seeks fuel cost order revival (31 August 2026): primemovermag.com.au
• Prime Mover Magazine — Sham contracting costs drivers millions (31 August 2026): primemovermag.com.au
• NHVR — Latest news: Court outcome reinforces executive responsibility for heavy vehicle safety (27 August 2026): nhvr.gov.au/news-events/latest-news
• Prime Mover Magazine — Practical freight reforms needed: VTA (25 August 2026): primemovermag.com.au
• OwnerDriver — NatRoad opens nominations for 2026 industry awards (25 August 2026): ownerdriver.com.au
• NTC — Heavy vehicle charges 2026-27: registration charges and road user charge: ntc.gov.au/project/heavy-vehicle-charges-2026-27
• Road Freight NSW — Homepage call for Great Western Highway urgency (August 2026): roadfreightnsw.com.au