Union takes case to the RSRT for deferral of first phase of order
The Transport Workers Union (TWU) is in a Road Safety Remuneration Tribunal hearing today presenting four points in support of a delay to the first phase of the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO).
The TWU claims that “from industry discussion and the early operation” of the order, “a range of concerns about outstanding matters” had arisen.
“The application also seeks a ruling to ensure transport operators are paid by clients within 30 days of completing work, that changes be made to the current Order on split loads and back loads and that a mechanism be included to adjust the rates in line with fuel prices,” the union says.
“Full transparency is also been sought for client contracts to ensure they allow for all costs to be covered by transport operators including employee driver minimum rates, insurance, maintenance of fleets, superannuation and fuel.
“The application recognises there is confusion and concern in the industry about some aspects of the order.
“The TWU argues that these concerns can be addressed by deferring its implementation and conducting further industry consultation.”
On the order’s commencement, the union tells the RSRT four matters required review:
- Arrangements in relation to road transport drivers employed in the sector, particularly by small fleets, and the potential for the ongoing exploitation of small fleet road transport drivers
- Arrangements for split or multiple loads particularly in the rural and livestock sector
- Further consideration in relation to back loads in light of emerging evidence about the current commercial viability of such loads under the RSRO
- Arrangements to address fluctuations in fuel prices.
Of particular concern for the union were reports that contractor drivers have ceased to be engaged by their regular hirer as the hirer is unable or unwilling to pay the rates.
Also, it tells the tribunal that long distance contractor drivers have often been subject to lower back loading rates from smaller manufacturing hubs in capital cities such as Adelaide and Brisbane.
“There have been ongoing reports that contractor drivers will no longer be able to find back loads from these smaller hubs, it warns.
Another emerging issue in relation to the proper operation of the provisions pertaining to long “distance contractor drivers is the regular practice of carting split or multiple loads.
“This practice particularly arises in the rural and livestock sector.
“There are emerging reports of split or part loads being lost attributable to the operation of the 2016 Order.”
The full variation can be found here.