Road Safety Remuneration Bill Passes Senate
Following on from our 2 December 2011 article regarding the Road Safety Remuneration Bill 2011 (the Bill) (see related article here), we can now report that the Bill:
- was passed through the Senate on 21 March 2012;
- is awaiting royal assent; and
- will commence operation on 1 July 2012.
An amendment to the Bill in the House of Representatives has delayed the Road Safety Remuneration Tribunal (the Tribunal) from hearing disputes until 1 January 2013, unless in exceptional circumstances.
The delay between the commencement of the Bill and the Tribunal hearing disputes was provided to allow the Tribunal time to commence formulating work programs and to make Road Safety Remuneration Orders (RDROs) and to give industry stakeholders time to become familiar with the dispute resolution framework in the Bill.
This means that from 1 July 2012, the Tribunal can inquire into sectors, issues and practises within the road transport industry and, where appropriate, determine mandatory minimum rates of pay and related conditions for employed and self-employed drivers — RDROs.
RDROs will operate in addition to any existing rights drivers have under industrial instruments, contract of employment or contracts for services. RDROs may be made by the Tribunal on its own initiative or on application.
An RDRO will prevail over a law of a state or territory to the extent of any inconsistency.
From 1 January 2013, the Tribunal will be empowered to resolve disputes between drivers, their hirers or employers and participants in the road transport industry supply chain about remuneration and related conditions insofar as they promote unsafe work practices.
In addition to the above, the Tribunal will also have jurisdiction to deal with disputes arising from the termination of a road transport contract. A ‘road transport contract’ is defined as a contract for services under which a road transport driver who is an independent contractor is to provide road transport services to the other party to the contract. The contract may be in writing, oral, or partly in writing and partly oral.
The Tribunal can deal with such a dispute as it considers appropriate, including by mediation or conciliation, recommendation or expressing an opinion or arbitration with the consent of the parties.
If you have any questions about the Bill, 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.