Word is quickly spreading around that owner-drivers can now take complaints against hirers to a special tribunal.
During November, the Road Freight Industry Tribunal heard its first cases.

One of them involved eight truck operators who contract to Independent Grocers of Australia (IGA).
The drivers appointed the TWU as their bargaining agent and two of our officials represented them before the Tribunal.

The first part of the process is a conciliation hearing and this was conducted by the Deputy President of the WA Industrial Commission, Ms Jennifer Smith.

The owner-drivers were in dispute with IGA over several matters including:

• IGA's insistence that they form a company, for IGA to deal with, rather than dealing with them as individuals.

• IGA's contention that their contracts could be terminated with just one month's notice.

At the hearing, IGA - through their lawyers - backed away on the one month's notice issue.
They conceded they would not be able to terminate the owner drivers contracts until they ran out - in just over two years time.

Overall the hearing was very helpful to our members and they came away very happy with the proceedings.
Two other cases, which were recently taken to the Tribunal by road-train operator Mr Graeme Smith, are also very interesting.

Mr Smith is a long-term TWU member and has appointed us to represent him.

In the first case Mr Smith is claiming he is owed $15,000 by Mr James Stewart who runs Golden Hiabs in Karratha. The work was carried out in August 2008.
Under the owner-drivers laws, if there is no written contract, payments must be made WITHIN 14 DAYS. (30 days if there is a written contract)

On the day of the hearing Golden Hiabs rang Mr Stewart and offered to pay $7,000 in full settlement.
Mr Smith rejected this offer and the hearing went ahead. However no settlement could be reached.

The matter will now go to a formal hearing where a binding decision will be made.

Mr Smith is also chasing $19,000 he says is owed to him by Mr Matt Borich of Truck and Transport Solutions based in Karratha.
This is for work carried out in September and October

Mr Borich failed to turn up at the first hearing and Tribunal staff were trying to track him down as we went to press.

The eventual outcomes of these two cases will be published on our website at www.twuwa.org and in the next edition of The Wheel.
Owner-drivers who would like to lodge a complaint with the Tribunal can do so through the TWU. Call 1800 657 477 for more information.