It has been a year since the Albanese Labor Government’s world-leading Closing Loopholes reforms were introduced and they are already beginning to create a safer and fairer road transport industry for Australian workers, including owner drivers.
Last year, the Albanese Government gave the Fair Work Commission the power to set enforceable minimum standards for road transport workers, including matters like rates of pay, cost recovery and consultation. Legislation to criminalise wage theft was also introduced as part of the historic reforms. These are all practical changes that will have direct and beneficial outcomes for the hard working owner drivers of Australia.
The road transport industry united like never before in support of these reforms, involving thousands of transport workers, owner drivers, employers and employer associations, small businesses, industry stakeholders and academics, as well as a unanimous industry roundtable, calling for changes to relieve dangerous and unfair pressures on workers.
This industry unity was crucial to the success of the reforms but was unfortunately ignored and disrespected by the Liberal and National parties who have already committed to remove key reforms should they return to Government.
The first applications for the road transport industry have been submitted to the Fair Work Commission. With industry consultation well underway, the applications will help to lift standards for its 600,000 workers.
Applications currently before the Fair Work Commission are seeking a range of new standards, including:
- Fairer payment terms, with maximum 30-day payment terms to relieve pressure for businesses struggling with extended payment times. Further to this, disputes over payment amounts can be heard by the Fair Work Commission and payment terms that pressure operators or drivers into lowering costs over the duration of a contract can be removed
- Parcel delivery standards to deliver minimum standards in parcel delivery to stop exploitative practices from companies, and
- Rights for gig workers through minimum standards to ensure decent pay and conditions for gig workers.
Key to our engagement with the transport industry throughout the establishment of the reforms was consultation. I have always said that the best outcomes for owner drivers and transport workers will be delivered by having people around the decision making table who have had the wheel in their hands. This stands in stark contrast to any previous governments.
A key piece of the legislation was the establishment of the Road Transport Advisory Group which advises the Fair Work Commission about the interests of road transport businesses and regulated road transport contractors. This helps the Fair Work Commission to perform its role in the road transport industry.
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It is now the law of the land that the Fair Work Commission must consult the Road Transport Advisory Group about the following:
- making and changing modern awards about the road transport industry
- making and changing road transport minimum standards orders and road transport contractual chain orders
- decisions to defer or suspend road transport orders
- changing or revoking road transport orders after they have been suspended or deferred, and
- how we prioritise cases about the road transport industry.
Delivering 30 day payment terms, free dispute resolution without lawyers being involved and criminalising wage theft are the practical components of this legislation that are going to have a direct impact on owner drivers.
Many readers would have experienced having to wait to be paid, not having cost recovery mechanisms in place or having to deal with not getting paid fairly.
The Closing Loopholes reforms will be life changing as they provide a remedy to each of those issues and will deliver a more efficient and productive road transport industry for all.
I am very proud of this piece of legislation and the many practical outcomes it will deliver for the many mum and dad owner driver businesses around the country.
Only an Albanese Labor Government can be trusted to support and protect standards for owner drivers.
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