A transport industry alliance of TWU, ARTIO, NRFA, NatRoad and state-based transport associations has said it welcomes the commencement of transport reform from this week.
The united industry group said it has campaigned together for the laws, which establish an Expert Panel of the Fair Work Commission to set standards in road transport, with the objective of making the industry “safe, sustainable and viable”.
The laws open up the Fair Work Commission to gig workers and owner drivers for the first time for disputes and the setting of enforceable standards. From February, the laws will also bring automatic protections against unfair contract terminations or ‘deactivations’.
The new division of the Commission will ensure that standards create harmony and fair competition throughout all aspects of the transport industry, with the system covering all transport workers whether engaged as employees, owner drivers, or gig workers.
The Expert Panel will set standards informed by consultation with the industry through a Road Transport Advisory Group (RTAG).
Employment Minister Murray Watt recently appointed TWU NSW/QLD Secretary Richard Olsen and ARTIO Secretary Peter Anderson to the RTAG, who will chair subcommittees with industry participants on relevant standards.
The industry unity for reform apparently came from shared fears for the future of the industry after decades of inaction and the influx of exploitative gig economy competition dragging down standards.
SafeWork Australia records over the past 10 years show that 486 transport workers have died on the job, while since 2017, 19 transport gig workers have been killed.
ASIC has recorded 3,577 transport business insolvencies over the last decade which has cost thousands upon thousands of jobs according to the alliance.
Transport Workers’ Union National Secretary Michael Kaine said that these powerful new laws bring the opportunity to reshape Australia’s deadliest industry, and they intend to use them without delay.
“We will be putting on applications this week to provide an urgent safety net for the most vulnerable workers and operators in the industry. Over time, we will build up standards to obliterate the Amazon Effect that has squeezed the life out of contract chains and ripped away the fragile standards that existed through exploitative gig competition,” said Kaine.
Peter Anderson the secretary of the Australian Road Transport Industrial Organisation, said this day has been a long time coming for the industry.
“Transport is now getting the recognition it deserves with a dedicated system to establish harmony and sustainability. Transport businesses can have more confidence that a level playing field will bring about fair competition, with protection against the threat of the gig economy,” said Anderson.
“As a member of the Road Transport Advisory Group, I look forward to consulting with the broader industry to ensure standards meet the road transport objective of making our essential industry safe, sustainable and viable,” he added.
National Road Freighters Association president, Glyn Castanelli said this system gives owner drivers contract protections which has never had before, including access to the Fair Work Commission to help resolve disputes.
“Doing the hard yards at the bottom of the supply chain isn’t easy – and it’s even harder when you feel powerless to challenge unfair contract terms or fear losing work for speaking up. These changes alone give us great hope for the future, Castanelli said.
“The ability to set standards that take into account the whole industry and ensure balance between different groups of drivers is a game-changer. We look forward to participating in consultation to reshape this industry for the better,” he added.
Warren Clark, CEO of the National Road Transport Association said the changes bring hope that insolvency rates will reduce, that road tragedies will reduce, and that we can work in an industry that is sustainable and viable for all participants.
“It’s now about how we as an industry use this system to ensure standards are created and implemented properly. We have been given the tools to build a stronger transport industry, it’s up to us to use them,” he said.
