Publications

Norton White Norton White

Heavy Vehicle National Law Reforms – Changes to Accreditation, Safety Standards, Audits and Fatigue Management

‍The Heavy Vehicle National Law (HVNL) applies for heavy vehicle operations across Australia, excluding Western Australia and the Northern Territory. A review of the HVNL, led by the National Transport Commission (NTC), commenced in 2019 and aimed to update the existing law to improve safety and productivity for the heavy vehicle sector. The proposed amendments to the HVNL (the Heavy Vehicle National Law Amendment Bill 2025 (Qld) and the Heavy Vehicle National Amendment Regulations 2025 (Qld) (Amendments) passed Queensland Parliament on 18 November 2025 and are expected commence 1 July 2026 with no grace period regarding breaches of the reformed HVNL.

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Norton White Norton White

from Disclosure to Due Diligence: Australia’s Modern Slavery Regime Signals a Shift to Action

‍Australia’s modern slavery framework is showing clear signs of moving from a disclosure‑only model toward more active risk management expectations. The January 2026 position paper from the Australian Anti‑Slavery Commissioner indicates that companies may soon be expected to identify, assess, and address modern slavery risks, not merely report on them. Ultimately, the aim is to embed risk-based due diligence and high-risk declarations into the Modern Slavery Act 2018 (Cth).

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Norton White Norton White

Fast-Tracking of Road Transport Contractual Chain Orders due to fuel price surges

The Fair Work Act 2009 (Cth) (‘FWA’) was amended 2 April 2026 to create an emergency fast-track mechanism for Road Transport Contractual Chain Orders (RTCCOs). This is a direct response to recent surges in fuel prices and greatly speeds up the ability for mandatory revisions of contracts across supply chains. It is anticipated that the Minister or Commissioner will use this power to make industry wide orders more frequently in future.

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Norton White Norton White

ACCC Mandatory Merger notifications

Following the most significant changes to Australia’s merger control regime in decades earlier this year, from 1 April 2026, further elements of the new regime will come into effect, including expanded notification thresholds (particularly capturing a broader range of asset acquisitions), revised control and voting power tests, and additional measures targeting serial or “creeping” acquisitions. Together, these changes will broaden the scope of transactions captured by the notification regime.

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Norton White Norton White

ASIO director-general warns CRITICAL INFRASTRUCTURE is UNDER THREAT: privacy and cyber security law UPDATES FOR THE TRANSPORT INDUSTRY

Privacy and cyber security have garnered intense scrutiny recently, leading to significant reforms to the Privacy Act 1988 and a suite of new cyber security legislation. These changes underscore the Australian Government’s increasing onus on businesses to safeguard personal information they collect or hold, and to play a proactive role in protecting critical infrastructure. This is being achieved through the enactment of legislation introducing new obligations and the expansion of existing ones, and stronger enforcement mechanisms targeting non-compliance.

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Norton White Norton White

The Fair Work Commission Finds Employee Entitled to Work from Home to Facilitate Childcare: Implications in the Transport Sector

The Fair Work Commission rules in favour of employee, finding that Westpac had no reasonable business grounds to refuse her request Flexible Working Arrangement in order to facilitate childcare. The decision in Karlene Chandler v Westpac Banking Corporation (2025) stresses the need for employers to carefully consider flexible work requests and ensure they are following the requirements of the Fair Work Act 2009 (Cth).

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Norton White Norton White

Set-Off Clauses: Salaries no longer ‘set-and-forget’

We consider the recent decision of Fair Work Ombudsman v Woolworths Group Limited & Ors [2025] FCA, in which the Federal Court of Australia has restricted the use of set-off clauses in employment contracts to satisfy industry award entitlements. Whilst considered in the context of General Retail Industry Award 2010, the decision is relevant to businesses across all industries.

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District Court finds operator of crop duster aircraft strictly liable for damages to a cotton crop under Damage by Aircraft Act 1999

In Hardy Irrigation Pty Ltd v Leeton Aerial Ag Pty Ltd [2025] NSWDC 389, Newlinds J of the District Court of New South Wales considered the application of the Damage by Aircraft Act 1999 (Cth) in a claim by the owner of a cotton farm whose crop was damaged by the herbicide used in the course of aerial crop-dusting regardless of any proven fault on the part of the aircraft operator. The Court was doubtful that the Damage by Aircraft Act 1999 regime was designed to apply in circumstances were the plaintiff landowner who was not an innocent third party per se but was in direct contractual relationship with the aircraft operator. However, the Court was bound to apply the relevant authorities to find that the aircraft operator was strictly liable to the landowner for the damage caused to the crop.  

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Norton White Norton White

Small Business Employers and the Right to Disconnect

The right to disconnect came into force for employees of small businesses with under 15 employees on 26 August 2025. The new workplace right will place a burden on small business employers, many of whom have a very small number of employees that they rely on to manage their operations. We outline the key changes and steps small business employers should take to adapt to these new requirements.

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