Monday, February 06, 2012
   
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AT LAST! Owner-driver laws in full operation

owner-driver-lawsIt's taken almost six years of hard yakka and determined lobbying but we finally have a full set of laws in place to protect the interests of WA owner-drivers.

The laws grew out of major TWU protest campaigns including a four-day blockade of the Fremantle Wharf during which nothing moved on or off the docks.
The laws will change forever the way owner-driver rates are negotiated in this state.
The Owner Drivers (Contracts & Disputes) Act became fully operable on 1st July 2010.
The Act and a Code of Conduct will regulate owner-driver contracts and dealings between owner-drivers and hirers.

A key element of the laws is the publication of a set of Guideline Rates.

 

These rates will be used by:
• Owner drivers and hirers when they are negotiating owner drivers' contracts.
• The Owner Drivers Tribunal when it is determining whether payments have been made at a safe sustainable rate.

The Guideline Rates are designed to be changed to suit a variety of operations.
They take into account ALL possible costings involved in the running of a heavy vehicle.
The TWU has worked hard to ensure that these costings are VERY COMPREHENSIVE. No cost has been overlooked.
The Guideline Rates come with a computerised cost calculator which will make future rate negotiations very interesting indeed.
The laws give owner-drivers the right to negotiate collectively and to appoint the TWU as a bargaining agent.
The laws will apply to those operating all heavy vehicles over 4.5 tonnes (GVM).
They add to and complement already introduced laws which gave owner drivers the right to take disputes to a Tribunal and maximum waiting times for payments.

The latest changes introduce a number of new legal requirements including:
• An owner-driver contract cannot bargain away any of the rights under the new laws.
• A hirer cannot impose a ‘Penalty' on an owner-driver.
• ‘If paid, when paid' Banned! If a contract includes such a condition It will have no effect.
• Interest payable on Overdue Accounts.
• Hirer cannot deduct from money payable to an owner driver.
• Negotiations to be in good faith.
• Unconscionable conduct banned including the use of undue influence, pressure or unfair tactics.

The new laws have certainly been worth fighting for and I thank everyone who has been part of our long-running campaign.
It was certainly worth the effort.

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