Yesterday, the Transport Workers’ Union (TWU) announced in Melbourne that new laws protecting the rights of owner drivers and gig workers had officially kicked in.
But what does it mean for Australia’s legion of owner drivers?
The world-first new rights means owner drivers will be protected against the unfair terminations of contracts as part of the new Road Transport Industry Termination Code.
New laws passed last year by the federal government will also allow gig workers to receive a fair process if deactivated by an employer as part of the Digital Labour Platform Code.
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For the first time, from today, gig workers can also access the Fair Work Commission for unfair deactivations and access reinstatement and compensation.
“The federal government’s legislative changes have provided these workers with protection from unfair sacking without reason,” TWU national secretary Michael Kaine says.
“For truckies and independent contractor owner drivers who make sure our supply chains remain connected, this means deadly supply chain pressures are significantly lifted.
“In any other industry or walk of life, the pressures on truckies that are leading to deaths on our roads would be seen as a national crisis, so these changes will give drivers relief.”
Kaine says owner drivers now have the chance to receive appropriate remuneration for their work, with these protections giving contractors backing to negotiate fair pay without being unfairly dismissed.
“It’s difficult for owner drivers engaging with major companies is that their commercial influence is limited, even more so if the employer can sack you without a fair reason,” he says.
“What this announcement does is give owner drivers more influence in commercial conversations to set a survival rate of pay and reasonable schedules with legislative protection behind them. It’s a game changer for road transport.”
When it comes to safety, the new laws coming into effect mean the pressures placing owner drivers in danger on Australian roads are now lifted.
“For all the people who have died in truck crashes in the past year, I ask how many of them were preventable if we had lifted commercial pressures on truck drivers?” Kaine says.
“This announcement allows owner drivers to put their hand up and say they need more money and time from those engaging them. If they have their contracted terminated because of this, they have the right to challenge it.”
In the lead-up to the federal election, Kaine says this is the first step towards returning a Road Safety Remuneration Tribunal that was abolished in the run-up to the 2016 federal election.
Regardless of who wins government this year, Kaine wants these measures to be the start of protections for owner drivers, including payment terms.
“We’re challenging all sides of politics to lock in these changes regardless of who wins the election,” he says.
“We also want owner drivers to get paid for the work they do within 30 days – it’s crazy that currently workers are waiting up to nine months to be paid for the work they do today.
“In the lead-up to the election, we want these announcements to be strengthened so we can keep improving the industry.”
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