Australia: New Road Safety Remuneration Tribunal to make remuneration orders

• Stakeholders in the retail, livestock, bulk grain, interstate long distance and intrastate long distance sectors can expect orders impacting the terms and conditions of road transport drivers in these sectors through the course of 2013.
• The Road Safety Remuneration Tribunal (RSRT) is a new federal tribunal with powers relating to road transport drivers, their employers or hirers, and participants in the supply chain.
• The RSRT has set its 2013 annual work program identifying priority sectors of the road transport industry with a view to making ‘road safety remuneration orders’.
• Applications for remuneration orders are to be submitted by 4 March 2013. Stakeholders will have an opportunity to respond to applications after this date (as part of the RSRT’s inquiry).
• Industry stakeholders will need to consider involvement in the priority sector inquiry.

Background

The RSRT is a new federal tribunal with powers relating to road transport drivers, their employers or hirers, and participants in the supply chain.

The RSRT has certain regulatory powers, including:

• the making of ‘road safety remuneration orders’,
• approving ‘road transport collective agreements’,
• dealing with disputes between participants in the road transport industry, and
• conducting research into remuneration-related matters that may affect safety in the industry.

These powers are aimed at promoting safety and fairness in the road transport industry.

Road safety remuneration orders

The RSRT has set priority sectors for the making of ‘road safety remuneration orders’. There are broad powers to make orders relating to remuneration and other conditions e.g. working hours, waiting times, payment methods and ways of reducing unsafe work practices.

Priority industries

The RSRT has made the following sectors part of its 2013 annual work program:

• retail,
• livestock,
• bulk grain,
• interstate long distance, and
• intrastate long distance.

The RSRT proposes to enquire into these sectors, which will follow draft orders and submissions made by any person wanting an order by no later than 4 March 2013.

Wide impact

Industry participants can expect the orders to be of wide ranging impact, both in relation to the terms and conditions set and to whom they might apply. The RSRT’s functions extend beyond the likes of employee and contractor drivers to supply chain participants which include:

• consignors/consignees,
• supply chain intermediaries, and
• operators of premises where regular daily loading or unloading of vehicles occurs. 

Industry stakeholders will need to consider what involvement they have in the priority sector inquiry.

This article was written by Chris Gardner, Partner and Andrew Pollock, Solicitor, Melbourne.