ARTIO NSW: GCCD decision levels the playing field

By: Anjali Behl


NatRoad’s GCCD exemption dismissal is not a ‘win’ for opposing parties, ARTIO NSW clarifies

ARTIO NSW: GCCD decision levels the playing field
ARTIO NSW secretary Hugh McMaster says NatRoad’s application, if successful, would have put its members in an advantageous position, which would have been unfair to all other stakeholders in the GCCD debate.

 

The Australian Road Transport Industrial Organisation (ARTIO) NSW is not pleased with the National Road Transport Association (NatRoad’s) justification to claims following the dismissal of its application to have its members exempt from the changes to the NSW General Carriers Contract Determination (GCCD).

ARTIO NSW says the Industrial Relations Commission (IRC’s) decision to dismiss NatRoad’s application is not a ‘win’ for those opposed to it but an insurance to all parties involved in the matter that they now have a "level playing field".

"ARTIO NSW’s motivation was to ensure that, irrespective of the merits of the Commission’s decision, all affected principal contractors and owner drivers were bound by it," ARTIO NSW secretary Hugh McMaster tells Owner//Driver.

"It was not to score a ‘win’ over NatRoad. 

"NatRoad sought to exempt its members from obligations under this Determination. 

"Their application for exemption did not extend to ARTIO NSW’s members or members of any other organisation or to the rest of the industry. 

"Under no circumstances could we countenance a scenario under which certain participants in an industry were advantaged over others in terms of their obligations under a law simply because they were members of a particular organisation.

"NatRoad’s application, if successful, would have put their members in that advantageous position in freight markets covered by the Determination.

"The Commission’s decision to dismiss NatRoad’s application ensures a level playing field for all affected principal contractors and contract carriers."

McMaster also asserts that NatRoad CEO Warren Clark’s claim that the original GCCD rules only applied to any principal contractor/contract carrier within Sydney’s greater metropolitan Sydney for the last 30 years is wrong. 

"While they do apply there, they have also applied for the past 30 odd years in relation to areas of work covered by this Determination anywhere within NSW where a journey takes place within 50 kilometre radius as the crow flies from a point of origin. (As stated in section 2.1.b of the original Determination).

"Put another way, work from Carrington in Newcastle to Cessnock has been covered for 30 years as has work from Port Kembla to Moss Vale, Bathurst to Orange, etc., where a principal contractor engages an owner driver in areas of work covered by this Determination."

McMaster also says Clark’s citation of the Independent Contractors Act as a protection for small operators and contract carriers  is "irrelevant" because "in NSW, it is the Industrial Relations Act which governs relationships between principal contractors and contract carriers, not the Independent Contractors Act."

 

 

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