First Road Safety Remuneration Order took effect on 1 May 2014
What is a Road Safety Remuneration Order?
A Road Safety Remuneration Order is a legally enforceable instrument which sets out minimum entitlements and requirements for certain drivers, employers, hirers and supply chain participants in the road transport industry.
The first Road Safety Remuneration Order entitled the Road Transport and Distribution and Long Distance Operation Road Safety Remuneration Order 2014 (the Order) commenced on 1 May 2014 and expires on 30 April 2018.
Unless an existing entitlement for instance, an entitlement under an enterprise agreement, is more beneficial, the Order applies in addition to any modern award entitlement that would otherwise apply.
In the coming months, the Road Safety Tribunal will, as part of its second annual works program, be reviewing the following sectors:
- long distance operations in the private transport industry;
- and cash in the transit industry.
Who is covered by the Order?
The Order applies to road transport drivers (Drivers) employed or engaged in either:
- the road transport and distribution industry who provide road transport services for goods, wares, merchandise, material or anything destined for sale or hire by a supermarket chain (meaning a business that operates 5 or more supermarkets); or
- long distance operations in the private transport industry.
What are the requirements of the Order?
Dispute resolution
The Road Safety Remuneration Tribunal is empowered to deal with certain disputes under the Order.
Adverse conduct
Adverse conduct must not be taken against Drivers due to a Driver's entitlement, including an entitlement under the Order.
Adverse conduct includes causing, comprising or involving any of the following activities:
- injury to the Driver in relation to their employment or the terms and conditions of their road transport contract;
- alteration of the Drivers position;
- refusal to make use of the services offered by the Driver;
- refusal to supply goods or services to the Driver;
- discrimination against the Driver in the terms and conditions of employment or engagement; or
- termination of the employment or engagement of the Driver.
Contracts
A Driver engaged on or after 1 May 2014, must be provided with a written employment contract or a written road transport contract prior to commencing their employment or engagement. The Order sets out minimum conditions which must be included in the contract.
Copies of the employment contracts and road transport contracts must be retained for a period of 7 years from the cessation of the contract.
Supply chain participants must take all reasonable measures to ensure that any contract (verbal or written) it has with another participant in the supply chain, contains provisions consistent with the Order's requirements.
Payment time
Contractor Drivers are entitled to be paid any undisputed amounts within 30 days of the date of receipt by the hirer of a valid tax invoice from the contractor Driver or the date of generation of a valid tax invoice by the hirer for the contractor Driver.
A hirer may only require a contractor Driver to pay an amount or have deductions made for the provision of any services, equipment or insurance by the hirer in certain limited circumstances or, where a relevant statute allows it.
Safe driving plans
Employers/hirers must prepare, in consultation with the individual Driver, safe driving plans for Drivers employed or engaged by them who undertake long distance operations and for motor vehicles with a GVM of more than 4.5 tonnes.
The safe driving plans must be reviewed and updated regularly where:
- there is any change in the circumstances to the long distance operation to be undertaken or the road transport service to be provided; or
- when safety issues warrant a review and update.
The Order specifies essential components of the safe driving plan.
In addition to the essential components, where an employer/hirer does not use real time electronic monitoring, the safe driving plan must also include the following sections for the Driver to record the:
- time of commencement and conclusion of the road transport service and the time of arrival at and pickup and/or delivery location. Where practical, this section should be witnessed by a supply chain participant; and
- actual timeframes and distances involved in the provision of road transport services including odometer readings and start and finish times of breaks.
Safe driving plans must be maintained for a period of 7 years.
Training
Employers/hirers must take all reasonable measures to ensure a Driver employed or engaged by them is trained in work health and safety systems and procedures relevant to their job. Where the Driver has obtained prior consent, employers and hirers are required to reimburse any reasonable costs incurred by the Driver in undertaking the training.
Drug and alcohol policy
Employers/hirers must prepare and implement a written drug and alcohol policy covering Drivers engaged or employed by them. Employers/hirers are required to consult, as far as reasonably practicable with Drivers in preparing the drug and alcohol policy.
The Order sets our minimum content to be included in the drug and alcohol policy.
Reasonable steps are to be taken to ensure that Drivers are trained in the drug and alcohol policy.
Who is obliged to comply with the Order
The following table summarises which participants are obliged to comply with particular conditions of the Order.
|
Condition |
Employers and employees |
Hirers and owner drivers |
Supply chain participants |
|
Dispute resolution |
Yes |
Yes |
Yes |
|
Adverse conduct protection |
Yes |
Yes |
Yes |
|
Contracts |
Yes |
Yes |
Yes |
|
Payment time |
No |
Yes |
No |
|
Safe driving plans |
Yes |
Yes |
Yes |
|
Training |
Yes |
Yes |
No |
|
Drug and alcohol policy |
Yes |
Yes |
Yes |
Source: Fair Work Ombudsman
What happens if you don’t comply?
If you would like more information about your obligations under the Order, about Road Safety Remuneration Order's generally or assistance in complying with them, please, please contact National Workplace Lawyers on +61 2 9233 3989.
National Workplace Lawyers
Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.
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