Impact of the Road Safety Remuneration Tribunal Payments Order (September 2016)

The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) was asked by the then Minister for Small Business, the Hon Kelly O’Dwyer MP, under section 42(1) of the Australian Small Business and Family Enterprise Ombudsman Act 2015, to undertake an inquiry into the effect on Australian small businesses of the Road Safety Remuneration Tribunal’s (RSRT) Contractor Driver Minimum Payments Road Safety Remuneration Order 2016.

The former Minister also requested that our Office consider the ways in which the government can consult with small businesses in the development and operation of tribunals and other similar bodies.

The RSRT Payments Order Inquiry Report was presented to the former Minister for Small Business, the Hon Michael McCormack MP, and tabled in the House of Representatives on 14 September 2016.

Download:

RSRT Payments Order Inquiry Report (pdf)

Australian Government response to the report (pdf)

Background

In December 2015, the Road Safety Remuneration Tribunal announced it would introduce new minimum pay rates for owner-drivers under the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016.

The Order was due to come into effect on 4 April 2016. On 1 April 2016, the Federal Court of Australia ordered a stay on the Order, which was lifted on 7 April 2016.

On 10 April, the Government announced its intention to introduce a bill to abolish the Road Safety Remuneration Tribunal. The legislation was passed on 18 April 2016.

The Government committed to redirecting the previous Tribunal funding to the National Heavy Vehicle Regulator.

Public consultation

Roundtable

On 16 May 2016, a roundtable was held in Canberra to gather feedback from owner-truck drivers and representatives from associated industry groups.

Groups represented at the roundtable: Australian Trucking Association, Australian Chamber of Commerce and Industry, National Farmers’ Federation, the Council of Small Business of Australia, National Road Transporters Association, Australian Logistics Council, Heavy Vehicle Industry Australia, Trucking Support Agency of Australia, National Road Freighters Association, National Owner Drivers Association and Australian Livestock and Rural Transporters Association.

The Australian Industry Group and the Transport Workers Union were also invited, but were unable to attend.

Community Meetings

Our Office conducted regional community meetings in Adelaide, Perth, Toowoomba, Dubbo, Mildura, Shepparton, Wagga, Devonport and Tamworth to gather information on the impact from owner-drivers and their families.

Submissions

The following submissions were received for the Impact of the RSRT Payments Order Inquiry: