A move by Planning and Infrastructure Minister Alannah MacTiernan to enact legislation exempting Western Australian operators from the Commonwealth's Independent Contractors Act has failed.
A move by Planning and Infrastructure Minister Alannah MacTiernan to enact legislation exempting Western Australian operators from the Commonwealth's Independent Contractors Act has failed.
Under current legislation, Victoria and NSW owner-drivers are exempt from the Federal Act, with the State Government passing the WA's Owner Drivers (Contracts and Disputes) Bill 2006 last November.
Modelled on Victorian legislation, the WA laws aimed to establish a code of conduct with rate guidelines and enforcement terms and conditions in written and unwritten agreements.
The legislation established a Road Freight Transport Industry Council with responsibility for developing the code, including guideline rates and other provisions regulating the relationship between the parties; and a low-cost dispute resolution mechanism for owner-drivers under a new Road Transport Industry Tribunal.
Planning and Infrastructure Minister Alannah MacTiernan said that "Our legislation, like the Victorian legislation, ensures a fairer bargaining position for owner-drivers, and rates that enable adequate incomes to stamp out unsafe practices that emerge when drivers cut corners to make a living.
"The Federal Government's own reports show that, when rates and deadlines are unreasonable, owner drivers with big mortgages have little option but to take risks with driving hours to make ends meet."
Announcement pasted below:
The Howard Government's refusal to give Western Australian heavy haulage, owner-drivers the same protection as Victorian and NSW drivers, is threatening the safety of Western Australian road users.
Western Australian owner-drivers have won State Government support in their campaign for a fair contracts system, that would reduce the pressure on them to take risks to keep their businesses viable.
Planning and Infrastructure Minister Alannah MacTiernan said the State Government had passed legislation to provide a fair contracts system, but it was blocked from operating by the Federal Independent Contractors Act.
"The Federal Government has refused to give us the exemption that would allow WA's owner-driver legislation to operate effectively," Ms MacTiernan said.
"Our legislation, like the Victorian legislation, ensures a fairer bargaining position for owner-drivers, and rates that enable adequate incomes to stamp out unsafe practices that emerge when drivers cut corners to make a living.
"The Federal Government's own reports show that, when rates and deadlines are unreasonable, owner drivers with big mortgages have little option but to take risks with driving hours to make ends meet."
Ms MacTiernan said the WA legislation will:
- establish a mandatory code of conduct, which will contain sustainable guideline rates and prohibit unconscionable contracts;
- imply terms into unwritten contracts;
- ensure owner-drivers are paid within 30 days of submitting accounts; and
- establish a dispute resolution mechanism with a new Road Transport Industry Tribunal.
Labor's Federal spokesman Craig Emerson said Labor has acted on concerns from the trucking industry in Western Australia.
Federal Labor has introduced a private members bill in the House of Representatives to exempt the WA legislation and ensure that the Western Australian trucking industry can promote safety and sustainable freight rates," Mr Emerson said.
The Federal Member for Swan Kim Wilkie, who introduced the WA bill in Federal Parliament last month, said it is crucial for our owner-drivers to have a balanced and workable regulatory system to ensure WA's long-term economic growth.
"Anything we can do to improve the safety and conditions for our transport industry should be of the highest priority," Mr Wilkie said.
Labor candidate for Hasluck Sharryn Jackson said Federal Labor supports the Carpenter Government's legislation giving owner-drivers safe working conditions and low-cost remedies for contractual disputes.
"What is good for NSW and Victorian owner-drivers is surely good enough for Western Australian owner-drivers," Ms Jackson said.
"The effect of denying an exemption is to leave WA owner-drivers and companies without a low-cost means of settling disputes, and ignores the research that links poor pay rates in the transport sector with high business failure rates for owner-drivers."
