On 17 December 2013, the Road Safety Remuneration Tribunal made its first road safety remuneration order (Order).The Order was made after 12 months’ consultation with relevant stakeholders in the transport industry, and will impose a number of requirements which will impact on the engagement of road transport drivers across Australia.
A copy of the Order can be downloaded here.
In this article, we provide a very brief overview of the Order, which will commence on 1 May 2014. We will provide a more detailed review of the Order early in the New Year.
Application of the Order
The Order applies to a road transport driver who is engaged in:
- parts of the road transport and distribution industry in respect of the provision of a road transport service wholly or substantially in relation to goods, wares, merchandise, material or anything whatsoever destined for sale or hire by a supermarket chain (being a business that operates five or more supermarkets)
- long distance operations in the private transport industry.
The Order not only imposes requirements on drivers and their employers or hirers, but also on participants in the supply chain.
Matters dealt with by the Order
The Order sets out requirements regarding:
- payment time within 30 days of a received invoice for contractor drivers
- written contracts for road transport drivers, which may be in an electronic format
- contracts between supply chain participants
- safe driving plans for drivers undertaking long distance operations using a motor vehicle with a GVM of more than 4.5 tonnes
- training in work health and safety
- drug and alcohol policies and testing
- dispute resolution and adverse conduct protection.
What should drivers, hirers, employers and supply chain participants affected by the Order do?
As the Order does not commence until 1 May 2014, drivers, hirers, employers and participants in the supply chain who are affected by the Order have some time to get their ducks in a row. Despite this, a number of the requirements which are imposed by the Order will require a large investment of time and resources to ensure compliance.
People affected by Order should take some time to review the terms of the Order, and their current arrangements, to identify the necessary steps to be prepared to comply with the Order by 1 May 2014.
Keep an eye out for our further update next year in which we will provide a more detailed analysis of the Order and its likely impact.