PR350280

ROAD SAFETY REMUNERATION TRIBUNAL

ORDER


Road Safety Remuneration Act 2012

s.27 - Making road safety remuneration order

Annual Work Program
(RTP2012/1)
Transport Workers’ Union of Australia

(RTO2013/1)
Australian Road Transport Industrial Organization
(RTO2013/2)
National Union of Workers
(RTO2013/3)
Intercapital Trucking Pty Ltd
(RTO2013/4)


PRESIDENT ACTON
COMMISSIONER HAMPTON
PROFESSOR WILLIAMSON



MELBOURNE, 17 DECEMBER 2013

Road safety remuneration order (RSRO).

Road Transport and Distribution and Long Distance Operations Road Safety Remuneration Order 2014

Table of Contents

Part 1—Application and Operation

1.

Title

2.

Commencement and expiry

3.

Definitions and interpretation

4.

Application

Part 2— Dispute Resolution and Adverse Conduct Protection

5.

Dispute Resolution

6.

Adverse conduct protection

Part 3—Contracts

7.

Written contracts for road transport drivers

8.

Other contracts

Part 4—Payment Related Matters

9.

Payment time

Part 5—Safe Driving Plans, Training and Drug and Alcohol Policy

10.

Safe driving plans

11.

Training

12.

Drug and alcohol policy

Part 1—Application and Operation

1. Title

This order is the Road Transport and Distribution and Long Distance Operations Road Safety Remuneration Order 2014.

2. Commencement and expiry

This order commences on 1 May 2014 and expires on 30 April 2018.

3. Definitions and interpretation

In this order, unless the contrary intention appears:

4. Application

4.1 This order applies to a road transport driver employed or engaged in:

4.2 This order imposes requirements on an employer or a hirer of a road transport driver to whom this order applies, and on a participant in the supply chain in relation to a road transport driver to whom this order applies.

Part 2—Dispute Resolution and Adverse Conduct Protection

5. Dispute resolution

Part 4 of the Act provides for the Road Safety Remuneration Tribunal, on application, to deal with certain disputes about remuneration or related conditions.

6. Adverse conduct protection

6.1 A participant in the supply chain in relation to a road transport driver must not take adverse conduct against the road transport driver:

6.2 In subclause 6.1, a road transport driver has a workplace entitlement if the road transport driver:

6.3 In subclause 6.1, adverse conduct means conduct causing, comprising or involving any of the following:

6.4 Adverse conduct does not include conduct authorised by or under other law.

6.5 Subclause 6.1 does not apply in circumstances where the road transport driver would otherwise have the right to a cause of action under Division 3 of Part 3-1 of the Fair Work Act 2009 (Cth), in respect of the conduct constituting the adverse conduct.

Part 3—Contracts

7. Written contracts for road transport drivers

7.1 An employer or hirer must provide a road transport driver with a written employment contract or written road transport contract covering the employment or engagement of the road transport driver, prior to the road transport driver commencing their employment or engagement with the employer or hirer.

7.2 The written employment contract or written road transport contract may be in an electronic format.

7.3 The written employment contract or written road transport contract must at a minimum:

7.4 An employer or hirer must keep a copy of all employment contracts or road transport contracts made with a road transport driver for a period of seven years from the date of cessation of the contract.

8. Other contracts

A participant in the supply chain in relation to a road transport driver must take all reasonable measures to ensure that any contract it has with another participant in the supply chain contains provisions which are relevantly consistent with the requirements of this order.

Part 4—Payment Related Matters

9. Payment time

9.1 A hirer must pay to a contractor driver any undisputed amount set out in a valid taxation invoice provided by the contractor driver, or generated for the contractor driver, for the provision of a road transport service on any given day, within 30 days of the date of receipt by the hirer of the invoice.

9.2 The requirement in subclause 9.1 applies:

9.3 A hirer must not require a contractor driver to pay any amount, or make any deductions from an amount payable to a contractor driver, in respect of the provision of any services or equipment by the hirer or any other person to the contractor driver unless:

9.4 A hirer must not require a contractor driver to pay any amount, or make any deductions from an amount payable to a contractor driver, in respect of insurance unless:

9.5 Without limiting subclauses 9.3 and 9.4, a hirer must not otherwise require a contractor driver to pay any amount, or make any deductions from an amount payable to a contractor driver, unless specifically permitted by Commonwealth, State or Territory legislation as in force on 17 December 2013.

Part 5—Safe Driving Plans, Training and Drug and Alcohol Policy

10. Safe driving plans

10.1 An employer or hirer must prepare a written safe driving plan for a road transport driver employed or engaged by them who is to undertake a long distance operation for the employer or hirer using a motor vehicle with a gross vehicle mass of more than 4.5 tonnes.

10.2 The safe driving plan must be prepared in relation to the road transport service to be provided by the road transport driver as part of the long distance operation.

10.3 The safe driving plan must be reviewed regularly and updated by the employer or hirer when there is any change in the circumstances applicable to the long distance operation to be undertaken, or the road transport service to be provided, by the road transport driver or when safety issues warrant a review and update.

10.4 The safe driving plan must be prepared and implemented, and reviewed and updated, in consultation with the road transport driver.

10.5 The safe driving plan must be provided to the road transport driver by the employer or hirer on each occasion the road transport service is provided.

10.6 The safe driving plan must:

10.7 Subject to subclause 10.9, the safe driving plan must also:

10.8 Subject to subclause 10.9, a participant in the supply chain in relation to a road transport driver must, where practicable, witness a safe driving plan that is being completed by the road transport driver, in accordance with the requirement in subclause 10.7(a).

10.9 The safe driving plan need not contain the provisions in subclauses 10.7(a) or (b) if the employer or hirer uses electronic means to monitor on a real time basis the matters those subclauses provide to be recorded.

10.10 The written safe driving plan, or part of it, may be in an electronic format.

10.11 Completed safe driving plans returned to an employer or hirer and any associated electronic records must be reviewed regularly by the employer or hirer to identify safety issues that have arisen in the provision of the road transport service covered by the safe driving plan and opportunities for improvement.

10.12 An employer or hirer must keep a copy of a completed safe driving plan and any associated electronic records for a period of seven years and make a completed safe driving plan and any associated electronic records available to the road transport driver on request. These plans and records may be kept electronically.

11. Training

11.1 An employer or hirer must take all reasonable measures to ensure a road transport driver employed or engaged by them is trained in work health and safety systems and procedures relevant to the road transport service to be provided by the road transport driver.

11.2 The employer or hirer must reimburse the road transport driver for any expenses reasonably incurred by the road transport driver in undertaking the training specified in subclause 11.1 whilst employed or engaged by the employer or hirer on the road transport driver providing to the employer or hirer satisfactory evidence of such expenditure, subject to the road transport driver having obtained the prior consent of the employer or hirer to incurring the expenses and the employer or hirer not unreasonably withholding such consent.

12. Drug and alcohol policy

12.1 An employer or hirer must prepare and implement a written drug and alcohol policy covering a road transport driver employed or engaged by them.

12.2 The employer or hirer must, so far as is reasonably practicable, consult with their road transport drivers in preparing the drug and alcohol policy.

12.3 The drug and alcohol policy must:

12.4 An employer or hirer must take all reasonable measures to ensure a road transport driver employed or engaged by them is trained in the employer’s or hirer’s drug and alcohol policy.

12.5 The employer or hirer must reimburse the road transport driver for any expenses reasonably incurred by the road transport driver in undertaking the training specified in subclause 12.4 whilst employed or engaged by the employer or hirer on the road transport driver providing to the employer or hirer satisfactory evidence of such expenditure, subject to the road transport driver having obtained the prior consent of the employer or hirer to incurring the expenses and the employer or hirer not unreasonably withholding such consent.

PRESIDENT

Printed by authority of the Commonwealth Government printer

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