Government takes stand in minimum payment debate

[kscarbel2]

Prime Mover Magazine  /  April 6, 2016

The last weekend has been an eventful one for the Australian trucking industry, with the Road Safety Remuneration Tribunal’s (RSRT) much-criticised minimum payment scheme being stopped less than 48 hours before it was supposed to come into effect. 

After a heated debate over the Easter break, it seemed like the RSRT’s intricately named Contractor Driver Minimum Payments Road Safety Remuneration Order (RSRO) would come into effect as planned when Australia closed for business last Friday, with the Tribunal stating it would not to agree to a delay.

A last minute appeal by NatRoad to the Federal Court in Brisbane, however, still managed to stop the Order from going ahead, with the Court formally granting a stay of the Order until further notice.

“This means that the Contractor Driver Minimum Payments RSRO that was to apply to tens of thousands of contractor drivers across Australia from 4 April will not commence until further order of the Court,” NatRoad announced Friday evening.

This week, Employment Minister, Senator Michaelia Cash, now followed up with an announcement that the Government will be introducing legislation to ensure that orders setting mandatory remuneration rates for truck drivers cannot commence before 1 January 2017.

Minister Cash said the new legislation, if passed by the Senate, will provide certainty for the trucking industry while reform options for the Road Safety Remuneration system are considered by the Government.

She explained, “Today I also announce that given the urgency of this matter, consultations with key industry stakeholders for reform options for the system will commence this week. 

“This is a priority for the Government as owner-drivers are the lifeblood of the economy. Anything which threatens their viability will have significant implications across the country – this is not something we will tolerate.

“If the payments order was to come into effect as planned it would be devastating for thousands of owner-drivers and consumers alike.”

What also became clear over the course of last weekend and during the following debate was that industry will use the delay to lobby for the abolishment of the RSRT itself.

Responding to new reports by PwC and Jaguar Consulting that assess the impact of the RSRO on the Australian economy, ATA Chair Noelene Watson said the Tribunal failed to have any appreciable impact on road safety.

“In particular, the Jaguar Consulting report points out that the tribunal’s prescriptive approach is at odds with the best practice general duties approach to heavy vehicle safety recently agreed to by transport ministers following advice from the ATA,” she explained.

“Until now, the ATA has had no mandate to be involved in the Tribunal. However, the definitive findings of [the new] reports make it clear that the Act and Tribunal are a threat to the viability of more than 20,000 small trucking operators, and to our economy generally.”

The Australian Logistics Council’s (ALC) Managing Director, Michael Kilgariff, had made the same call last week, stating “the abolition of the RSRT is the only real way to avoid the duplication, confusion and costs that this order, and others like it, will inevitably create.

“The ALC believes the best way to achieve safety improvements in the heavy vehicle industry is through achieving greater compliance and enforcement of Chain of Responsibility (part of the Heavy Vehicle National Law, ed.).”

[kscarbel2]

Looking for Rationality

Diesel News.com.au  /  April 7, 2016

In what has been a traumatic week for trucking with legal cases and threats in the air, it is nice to find a haven of rationality, where once there was none. An announcement this week by the National Heavy Vehicle Regulator about vehicle testing shows just how far we have come from the chaotic days, not so long ago and still going on, of inconsistent vehicle standards.

The NHVR is calling it a ‘Health Check’, a review of the state of a sample of the 520,000 trucks running around on our highways. It will be a national survey of heavy vehicle roadworthiness carried out in a consistent fashion by inspectors who have all been trained to look for the same safety related items on trucks.

The teams expect to give a thorough going over to around 9,000 trucks of all creeds during August and September. They will all be singing from the same hymn book (The National Heavy Vehicle Inspection Manual) and will have been trained to look at a truck in the same way whether it’s in Launceston or Longreach (also, importantly, in Marulan).

The comprehensive inspections are expected to take about 45 minutes. At the end of this process, the NHVR will have enough data to give its people a true reflection of the effect of the diverse inspection regimes around Australia. From here the NHVR can identify what it needs to work on in each state to achieve the long hoped for nirvana of consistent roadside and roadworthy inspections.

This consistency is the aim of the NHVR in the coming months. To move the states to a place where their inspectors, who are contracted as service providers to the NHVR, actually look at a truck in the same way.

This isn’t much to ask for, is it? National consistency would seem to be the most rational of essential aspects of any inspection regime. However, there isn’t much support for rationality in our federal state system. Instead, we have had to bear the brunt of interstate intransigence for way too long.

Each state has taken especial pride in being different, putting different priorities on defects (or non-defects, it depends where you are). Inspectors seemed to relish the situations where on arrival at a roadside inspection in one state, soon after a similar stop in another state, they could give you chapter and verse on why your truck would have to be grounded.

The argument where you would tell them the other state didn’t see any problem with it seemed to give them extra pride in a job well done, at the same time as putting down an interstate rival. The situation has long been a joke, although those in the middle of it weren’t laughing.

Let’s hope the NHVR can pull this one off. However, I think we need to give them a bit of leeway here. It is all very well to introduce a new inspection manual, and do a health check on the state of trucks and get all of the data into the system, but what will it look like in the flesh?

One of the biggest problems with the interstate issues is the difference in culture. Each state has run its transport department in a different way and under different rules. Each has developed a deeply embedded culture, which has become ingrained in roadside teams over the years. Can the culture be changed? The answer has got to be yes, but the real question is, how long will it take?

[kscarbel2]

Federal Court lifts stay on RSRO, new rules in force

Australasian Transport News (ATN)  /  April 7, 2016

he Federal Court in Brisbane has lifted stay on the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO), which means the new rules are effective immediately.

The Court has scheduled further consideration hearings on May 9-10.

The National Road Transport Association (NatRoad) says it will now seek High Court intervention in the case.

Further details to come.

 

What has happened since last week?

The ATA, SARTA and Ai Group called for the abolition of the tribunal owing to its flawed approach to road safety. Read the full story here.

A Government-commissioned review of RSRT was released, wanting major changes made to the RSRT. Read the full story here.

The review even pointed to the benefits in removing the tribunal. Read the full story here.

The RSRT decided not to delay the introduction of mandatory rates for contractor drivers. Read the full breakdown here.

The tribunal used its verdict to slam its opponents. Read the full story here.

Industry bodies joined forces in condemning the decision of the RSRT. Read the full story here.

Later that evening, the Federal Group in Brisbane put a temporary stay on RSRO following an urgent application by NatRoad and ATA. Read the full story here.

Earlier this week, employment minister Michaelia Cash announced the government would push for legislation to delay the start of RSRO to January next year. Read the full story here.

Members of the Transport Workers Union heckled minister Christopher Pyne at a press conference in Adelaide for his views supporting a delay to the RSRO. Read the full story here. 

The federal government to rely on Senate crossbenchers for legislative changes to delay the Order. Read the full story here.

The government invites industry feedback on the Road Safety Remuneration System policy reforms, releases schedule of review forums. Read the full story here.

Private contractor group Independent Contractors Australia seeks cash to challenge RSRT in the High Court. Read the full story here.

 

Get daily updates on the industry by subscribing to the Fullyloaded newsletter. 

[kscarbel2]

Minister calls for anti-RSRO convoy to Canberra

Owner/Driver  /  April 8, 2016

Michaelia Cash insists Senate support so far only goes to RSRO delay rather than RSRT abolition

Federal employment minister Michaelia Cash has called on owner-drivers to bring their trucks and grievances to Canberra over the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO).

"Quite frankly, get your trucks out and, if you have to, do a convoy to Canberra," Cash tells radio station 2GB’s Ross Greenwood last night.

"That’s how serious this issue is and that’s how serious the Turnbull government takes this issue."

The move came as independent senator Glenn Lazarus made plain his belief that direct action would ensue.

"Convoys are about to take place across the country!," Lazarus states on his facebook page.

Along with the effort, which will have echoes of the 2011 ‘Convoy of No Confidence’ if realised, Cash urges calls be made to opposition leader Bill Shorten’s office.

With the order in force, she also advises affected parties to clarify their positions with the Road Safety Remuneration Tribunal (RSRT) and the Fair Work Ombudsman.

She also appears to agree that the RSRO net could open wider than truck owner-drivers to encompass.

On parliamentary moves, she says legislating a delay is the first priority as Senate numbers for abolishing the RSRT were unavailable.

"I need to work with what my reality is – my reality is that I need six cross-benchers," Cash says.

"Labor and the Greens will not support this legislation to vote for the stay.

"Some [cross-benchers] have indicated they will vote for the stay but they will not vote for the abolition."

 

What has happened since last week?

The ALC, ATA, SARTA and Ai Group called for the abolition of the tribunal owing to its flawed approach to road safety. Read the full story here.

A Government-commissioned review of RSRT was released, wanting major changes made to the RSRT. Read the full story here.

The review even pointed to the benefits in removing the tribunal. Read the full story here.

The RSRT decided not to delay the introduction of mandatory rates for contractor drivers. Read the full breakdown here.

The tribunal used its verdict to slam its opponents. Read the full story here.

Industry bodies joined forces in condemning the decision of the RSRT. Read the full story here.

Later that evening, the Federal Group in Brisbane put a temporary stay on RSRO following an urgent application by NatRoad and ATA. Read the full story here.

Earlier this week, employment minister Michaelia Cash announced the government would push for legislation to delay the start of RSRO to January next year. Read the full story here.

The Transport Workers Union (TWU) announced it would strongly fight the delay. Read the full story here.

Members of the TWU heckled minister Christopher Pyne at a press conference in Adelaide for his views supporting a delay to the RSRO. Read the full story here. 

The federal government to rely on Senate crossbenchers for legislative changes to delay the Order. Read the full story here.

The government invites industry feedback on the Road Safety Remuneration System policy reforms, releases schedule of review forums. Read the full story here.

Private contractor group Independent Contractors Australia seeks cash to challenge RSRT in the High Court. Read the full story here.

[kscarbel2]

Tribunal protecting owner-operator trucks may be abolished

Sunshine Coast Daily  /  April 10, 2016

The controversial tribunal that granted owner-operator truck drivers a pay rise will be abolished if Malcolm Turnbull's government is elected.

The Prime Minister announced yesterday that if the Coalition government was returned it would abolish the Road Safety Remuneration Tribunal.

Late last year the RSRT announced a pay rise for owner-drivers - despite many of those drivers claiming it would make them uncompetitive with bigger companies.

Mr Turnbull said the tribunal had failed to deliver and should be abolished.

"There is no evidence that the Road Safety Remuneration System has achieved any safety outcomes in its four years of operation," he said.

"The Government has acted on the evidence found in two reviews of the RSR System, which found that the rationale for the system is flawed."

But Labor shadow workplace relations minister Brendan O'Connor backed the tribunal's ruling that better pay would reduce deadline pressure for drivers and improve road safety.

"This decision is extraordinary and extremely dangerous given the body of evidence that links pay and safety on our roads," Mr O'Connor said.

"The Turnbull Liberal Government has gone from seeking to delay the decision by legislation to now recklessly trying to kill off the tribunal, simply because Malcolm Turnbull doesn't like its decision.

"Labor doesn't want to see people dying on our roads and the facts are that when truck drivers are overworked, safety for all road users is jeopardised."

Mr Turnbull pointed to two independent reviews of the RSRT that called for the body to be disbanded.

A PriceWaterhouseCoopers review found abolishing the tribunal would "result in significant net benefit to the economy and community at large".

The Federal Court last week overturned a stay on the tribunal's ruling.

[kscarbel2]

RSRT, owner-drivers become election battle

Owner/Driver  /  April 11, 2016

Shorten comes to the defence of the RSRT as Turnbull joins Cash in seeking its abolishment

Opposition leader Shorten has swung to the controversial body’s defence after days of relative silence on the Road Safety Remuneration Tribunal (RSRT) issue.

As the election looms, it looks almost certain the Coalition will continue to use anti-Road Safety Remuneration Tribunal (RSRT) to tar opposition leader Bill Shorten with having created it – an accusation made by crossbench Motoring Enthusiast senator Ricky Muir, as quoted on The Guardian Australia website.

Prime minister Malcolm Turnbull gave extra weight at the weekend to the government’s political prosecution of the case that gained an extra populist edge with education minister Michaelia Cash urging affected sectors of the industry to take to Canberra streets in protest.

"Now what we have seen is this RSRT, this tribunal established by the Labor Party, established by Bill Shorten, has produced an order which will drive owner-drivers out of business," Turnbull says.

"It will make them uncompetitive with other larger businesses.

"It is designed entirely and was designed entirely by Mr Shorten when he was in government to advantage the Transport Workers Union.

"It was a piece of legislation that has had nothing to do with safety, everything to do with getting small businesses, self-employed people, the enterprising family businesses of Australia off the roads. Now they've made that order and we are seeking to get it revoked.

"We’ll have to do that through legislation. As you know we’re bringing the Parliament back early to deal with the ABCC Bill and the Registered Organisations Bill and once they are dealt with we will seek to get a bill passed to ensure that that order is set aside until next year.

"But, what we’re committing to today and this is the most important point, we will, if we are re-elected, abolish the RSRT.

"It is not a tribunal that does anything effective to do with safety, it undermines owner operators, it undermines small business, it undermines family businesses.

"Two reports have investigated it and each of them has recommended that it be abolished.

"We’re going to carry that out, it will be abolished if the Turnbull Government is re-elected at the election this year."

LAZARUS' LETTER 

Independent Senator Glenn Lazarus’ response comes in a letter to Turnball, calling on the federal government to provide "crisis and financial support" for owner-drivers impacted by the RSRO.

"While I welcome your recent support for owner-drivers," Lazarus says in a letter, "I do not agree that the abolishment of the Road Safety Remuneration Tribunal should be made a federal election issue."

"Owner-drivers need a resolution now and should not have to wait months until an election outcome to have this serious issue resolved."

Lazarus himself will introduce a Bill to remove both the RSRT and the RSRO during the week of April 18, the letter says.

The Bill will broaden the powers of the National Heavy Vehicle Regulator (NHVR) to "develop solutions with all parties across the country to ensure equitable outcomes for all truckies, including owner-drivers."

However, he has urged the Prime Minister to assist those affected in the meantime.

"Many are already losing contracts, work opportunities, and future business," the senator says.

"Trucks are sitting idle. Families are unable to bring in an income. Truckies are going broke and many are set to lose their livelihoods, trucks, homes, and families."

Lazarus says he is also afraid that some may attempt to take their own lives.

Lazarus lended his hand to the owner-driver cause in Queensland last month, attending and speaking at a Anti RSRT Freight Rate Convoy.

SHORTEN BLASTS BACK

Using terms common with the Transport Workers' Union's (TWU) backing for the tribunal and before its creation, Shorten returned fire - though he did hold out the possibility of a bipartisan approach.

"We want to make sure that our roads are safe for truck drivers and indeed everyone else who uses Australia's roads," he says.

"There's a clear correlation between low payment of drivers driving through the night, employee owner drivers and indeed poor safety.

"The heavy transport industry has a fatality rate 12 times the national average.

"The cost of heavy vehicle collision crashes and loss of life costs $2 billion a year.

"It's been clearly proven in Government report after report, independent reports, there is a correlation; if you pay your truck drivers very poorly, some of them will be forced to take risks with their safety and the safety of all other Australians.

"We call upon Mr Turnbull to work with the Labor Party in ensuring a fair deal for Australia's truck drivers and indeed Australia's road users."

TWU'S SAY 

The TWU’s response was more pointed and looked to turn the 2016 PricewaterhouseCoopers (PwC) analysis, Review of the Road Safety Remuneration System Final Report, and the 2014 Jaguar Consulting Review of the Road Safety Remuneration System against the government’s position.

"Malcolm Turnbull is defunding and abolishing independent judicial investigations into holding banks, oil companies, retailers, manufacturers and ports and wharves to account for unsafe, economic pressure on their transport supply chain," TWU national secretary Tony Sheldon says.

"These are the same people who bankroll the Coalition’s Liberal National Party.

"The prime minister’s own reports show that road transport has the ‘highest fatality rates of any industry in Australia’ with 12 times the average for all industries [PwC].

"His own reports show that this Tribunal will reduce truck crashes by 28% [Jaguar].

"Yet he is attacking the Tribunal – the one body which can provide a solution.

"It is clear he is doing this because this Tribunal will hold the major companies which are his party’s donors to account for the low cost contracts they give out to transport operators."

ALBANESE CALLS HYPORACY

Opposition transport spokesman Anthony Albanese also looked to turn Coalition-linked reports back on the government, citing the 1999 Beyond the Midnight Oil: Managing Fatigue in Transport report of the Howard government to show that the issue has been around for many years.

He also returned serve to Cash on calling for a protest convoy to Canberra.

"You have a government basically provoking industrial action, in terms of ‘bring your trucks to Canberra’, ‘stop working, bring your trucks to Canberra for a political protest’ – at the same time, as that’s precisely the sort of activity they are saying should be ruled out by other working people," Albanese says.   

He also points to the lack of government interest in the RSRT over the past four years and its lack of a submission to the tribunal on the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016.

 

[kscarbel2]

Oz owner-operators unite against planned changes

Big Rigs  /  April 12, 2016

Richard Easey has been in the trucking industry for 25 years, but now he's worried he's going to struggle.

The owner of Easy Haul, a Gracemere-based company, was joined by around 60 people yesterday to protest the Road Safety Remuneration Tribunal (RSRT).

The group drove a convoy of trucks through Rockhampton at around midday, starting off on Gladstone Rd.

Under the system, the RSRT set pay and related conditions for road transport drivers in the road transport industry.

It was initially implemented to improve safety for truck drivers by reducing deadline pressure, but Richard said that simply wasn't true.

"It is going to affect us because we can't compete with the big companies, we are struggling with costs and everything now," he said.

"There was no consultation... we have already had to let some drivers go because of the downturn in mining but this is just going to make it a hell of a lot harder."

Richard said about 40% of Central Queensland businesses rely on goods delivered by owner-operator truckers, making any downturn a negative consequence for the whole community.

The Federal Government is moving to push the start date of the tribunal's fixed rate contract regulation, which was due to commence this month, back to 2017 after two reviews of the RSRT recommended the system be abolished.

Yesterday Capricornia MP (member of parliament) Michelle Landry said she wanted the RSRT abolished completely.

"The RSRT was set up by Labor's Gillard/Rudd government to improve road safety in the industry. But it has become a play thing for the Transport Workers Union and its regulations, such as fixed rate contracts, will force local mum and dad truckies out of business," she said.

"There are real concerns that not only mum and dad operators will be impacted, but that many other jobs in the trucking industry will also be hit by RSRT regulations.

"Big truck dealerships are saying they also have concerns. That means that jobs in the truck maintenance area, including apprenticeships are at risk. Jobs in the truck tyre supply sector are at risk and less truckies will mean less fuel - so servo jobs will also be hit."

But Labor candidate for Capricornia, Leisa Neaton said a government decision to intervene in the findings of an independent tribunal was a "big step".

"The independent tribunal was set up to improve road safety and provide clearer conditions of employment for truck drivers, in the hope of decreasing avoidable deaths on the roads involving heavy vehicles," she said.

"Before acting rashly, I'd suggest a meeting between employers, workers, unions and owner-operators to discuss concerns and work on a way forward.

"There's evidence to suggest that when you pay drivers poorly, some of them take risks with their safety and the safety of other road users. Today, Bill Shorten called on the Turnbull government to guarantee fair wages and conditions for Australian truck drivers."

 

Video - http://www.bigrigs.com.au/news/truckers-unite-over-rsrt/2993079/

[Timmyb]

I probably haven't followed this as closely as I should have, but from what I've been told is the minimum rates are 25% higher than current rates. And the owner drivers / sub contractors are worried the bigger companies will just put on more trucks, and they'll lose their job. 

[steve p]

timmyb, the original draft rsrt was a minumin rate was set so no undercutting of rates was applied to all transport operators and all payments were made within 28 days not 120+ days that big operators are doing presently, then tony abbott got into power he invited mong fox, toll ,ceva etc to the table, well we can see the out come of that now

[Timmyb]

Hi Steve. 

Correct, I have heard that they want to bring in 28 day payment. Which is a good thing, I mean I have to pay for my fuel every month, and tyres servicing etc. 

But like I said, I haven't been following as closely as I should have. What are they protesting about? Surely everyone wants 28 day payments. And what's all the talk of 30,000 owner drivers losing their jobs?

I might ad that none of this affects me hence my ignorance on the matter. I do have an interest however. 

 

[kscarbel2]

Turnbull to abolish RSRT, ATA looks to new solution

Owner/Driver  /  April 13, 2016

Federal government says it will no longer seek to delay the RSRO until after the election. The ATA calls for mandatory code of conduct for trucking be added to ACCC powers

The Coalition government will introduce legislation for the immediate abolition of the Road Safety Remuneration Tribunal (RSRT) when the Parliament reconvenes next week.

It is a move from prime minister Malcolm Turnbull’s earlier statement, where he promised the abolition of the tribunal if he was re-elected in the federal election this July.

The announced comes after independent senator Jacqui Lambie joined senators Glenn Lazarus, David Leyonhjelm, and Bob Day in calling for an immediate abolition of the tribunal and the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO).

Employment minister Michaelia Cash says the government stands by the owner-drivers and will not allow their livelihoods to be destroyed by the Order.

NOT ALL SMOOTH

While the move appears in line with Lazarus' own, the independent senator says he doesn't trust Turnbull or his government.

"They have changed their position on the RSRT issue a number of times," Lazarus says.

"They have even tried to use truckies to buy votes by telling Australians that they would only abolish the RSRT if they were re-elected.

"The reality is that the Turnbull Government has mismanaged the truckie issue from day one."

He says if he sees legislation in support of owner-drivers in the parliament, he will support it, "but just in case, I will also be introducing my own Bill."

"I am not prepared to take any chances," he continues. "Too many truckies are already suffering and I can not risk the Turnbull Government changing its position again."

As he has explained in the past, Lazarus says in the wake of the RSRT the National Heavy Vehicle Regulator (NHVR) will be "given more teeth to work with all areas of the road transport sector to address safety and to ensure owner-drivers get a fair go in a level playing field environment."

"Owner-drivers are the heart and soul of the road transport sector and we need to take care of them.

"Without them, community events like the Burrumbuttock Hay Run would not happen."

POWER DEBATE

Reiterating its call to the Senate to abolish the tribunal, the Australian Trucking Association (ATA) says the government must still address market power issues such as extended terms of payment, dispute resolution and force majeure.

"The ATA urges the government to use an existing and well-accepted mechanism to address market power issues – the development of a mandatory code of conduct under Part IV B of the Competition and Consumer Act.

"A mandatory code of conduct would apply to all industry participants, not just a specific segment of the industry.

"These codes of conduct are legally binding – the ACCC has the power to enforce a code, impose penalties, and follow up complaints.

"There are already five mandatory codes regulated by the ACCC, including ones covering the horticulture and franchising industries and bulk wheat leading.

"Adding another code to cover the trucking industry would be a logical and effective way to address market power issues affecting small operators.

"The first step for this code to be developed and implemented is for the Government to invite the industry to develop a draft mandatory code for consideration, and the ATA stands ready to engage with Government and industry on this matter.

"There has been some discussion that the National Heavy Vehicle Regulator (NHVR) could be involved in this space.

"However, it is a safety regulator, not a competition policy regulator.

"Australia already has an expert competition policy regulator through the ACCC; there is no need to invest the NHVR with overlapping sector-specific powers over competition issues."

SMALL BUSINESS ANGLE

Australian Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell also joined widespread calls for the tribunal's termination.

"I urge those who are still weighing-up the legislation to consider the devastating ramifications the RSRT’s Payment Order will have on mum and dad owner-drivers, who have mortgaged their homes to buy a truck and forge a living for their family," Carnell says.

Carnell applauds all the politicians who have indicated their support to dismantle the RSRT.

"Drivers are telling me they face financial ruin as a result of the new minimum pay rates, which will do nothing to improve driver safety, and only force owner-operators to charge more for their services, making them uncompetitive and sending them broke."

REPEAL CALLS

Meanwhile, transport industry bodies including the National Road Transport Association (NatRoad) and the Australian Logistics Council (ALC) are calling on all political parties to end the tribunal and repeal of the Road Safety Remuneration Act 2012.

"I urge all Members of Parliament to act in the best interests of working families and support the government's bill to abolish the RSRT when it is introduced next week," NatRoad CEO Warren Clark says.

During his meeting with Lambie on Monday, Clark suggested that the issues surrounding road safety must be handled by the National Heavy Vehicle Regulator (NHVR), not the RSRT – a view Carnell backs.

"Safety is a priority for our members and everyone on the road. But the Road Safety Remuneration Tribunal is not the body to handle heavy vehicle safety – safety-related measures should be managed by the National Heavy Vehicle Regulator," Clark says.

The ALC has written to all federal MPs and senators, including cross-benchers to back the abolition bill.

"The Parliament must act now to repeal the legislation establishing the Road Safety Remuneration Tribunal and focus its efforts on working with industry to put in place practical measures, such as on-board technologies, that can improve supply chain safety," ALC MD Michael Kilgariff says.

"The Tribunal’s Orders are resulting in regulatory overlap, confusion, inefficiencies and costs, and the Parliament needs to act as a matter of urgency to address this growing issue, which threatens to undermine industry’s efforts to improve supply chain safety and compliance."

The ALC backs NatRoad’s view that road safety matters must be under NHVR’s authority.

"In recent years, government and industry have been collaborating and developing the Heavy Vehicle National Law and the National Heavy Vehicle Regulator to focus on Chain of Responsibility and drive heavy vehicle safety outcomes across Australia. 

"Improving safety in the heavy vehicle industry must be based on achieving greater compliance and enforcement of Chain of Responsibility within the Heavy Vehicle National Law.

"That approach has been working with the number of accidents involving heavy vehicles in a downward trend.

"To impose an industrially-focussed body on the industry, which overrides the National Heavy Vehicle Regulator and work health safety laws, is a counter-productive approach to dealing with supply chain safety. 

"Legislative steps need to be taken to abolish the tribunal and to redirect its funds to appropriate bodies, such as the National Heavy Vehicle Regulator, to focus on safety and compliance measures that actually work." 

STUDY SLAM

On the other hand, the Transport Workers Union (TWU) is slamming the government for intervening in an issue that, it says, will ensure road safety by ensuring minimum pay rates for truck drivers.

"Studies show the deaths are inextricably linked to pressures drivers are under: pressure to drive long hours, to speed and forgo safety checks and maintenance," the union states.

"Meanwhile, small transport operators have one of the highest rates of bankruptcies.

"The Road Safety Remuneration Tribunal has the power to investigate this pressure and ensure big companies at the top of the transport supply chain are held to account for low cost contracts which cause the pressure."

[kscarbel2]

ATA to host anti-RSRT Canberra convoy

Owner/Driver  /  April 14, 2016

Convoy will arrive at the Parliament lawns on Monday and hear from ministers and senators

The Australian Trucking Association (ATA) has organised a convoy to Canberra to rally the disenfranchised owner-drivers in a show of force against the Road Safety Remuneration Tribunal (RSRT) and its Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO).

Scheduled around a convergence on the Parliament House lawns at 7am on Monday, April 18, the ATA’s Canberra Anti-RSRT Convoy will feature a number of ministers and senators speaking to the assembled crowd.

Asking its members to register for the event, the trucking body says it has also organised accommodation for the Sunday night.

"The ATA has organised free and secure camping and the use of facilities at Exhibition Park in Canberra (EPIC)," the industry body says.

"EPIC’s Burrawang Café will be open Sunday from lunch and including through dinner.

"Free breakfast on Monday is being provided by the ATA from 5.00am."

With Parliament to sit from 9:30am, the ATA plans to organise the drivers to head into event from 6am.

Further details, and registration, are available here.

[kscarbel2]

Linfox calls order impracticable and unworkable

Big Rigs.com.au  /  April 15, 2016

Linfox (www.linfox.com) has addressed questions raised about its position on the introduction of a the safe rates order by the Road Safety Remuneration Tribunal (RSRT).

The large transport provider has supported the tribunal as a way to improve our industry's safety standards from the beginning, but the company says the current order is, "impracticable and unworkable".

Linfox Executive Chairman Peter Fox claims that Linfox leads the industry in safety, when responding to the Order.

"Linfox leads the industry in safety, training and innovation," he said.

"This is evidenced by our Vision ZERO safety campaign.

Despite rumours Linfox will stand to gain from the Order, they say owner drivers are a valuable part of their operations.

"Owner drivers are important to our business and we operate with a limited number of owner drivers who provide services during peak periods," said Mr Fox.

"Media reports claiming that Linfox stands to benefit from the long distance order are inaccurate, create confusion and exacerbate concerns in the industry and among members of the public."

Despite calling the current order unworkable, Linfox does support the introduction of minimum safety standards.

"Linfox does support the introduction of minimum national safety standards for the transport sector. These standards are long overdue and need to be developed and implemented as a matter of urgency," Mr Fox said.

For over a decade, Linfox has advocated for improved safety on Australian roads and the compulsory introduction of in-cab telematics or European style 'Black Box' technology..

"Addressing safety requires real commitment and it is the view of the business that the compulsory introduction of advanced telematics is a top priority for both the industry and government regulators," Mr Fox said.

"Linfox implores the Federal Government to legislate in this area. To do so will bring about an immediate and real improvement in safety on Australian roads."

Linfox submissions to the RSRT on Friday 25 March, 2016:

...The setting of minimum rates for contract owner drivers engaged in long distance operations is a more complex task than the setting of minimum rates for contract drivers engaged in local supermarket distribution operations.

...it's also not right to all of a sudden put a transport operator in a position where his freight charges double. He has no ability to recover that from a consignor.

...It would just be a fundamental turning on its head of the current transport arrangements.

...Linfox is presently unable to support the setting of specific minimum rates for contract owner drivers engaged generally in long distance operations.

 

[kscarbel2]

Truckies fear pay rise will leave them jobless

Big Rigs.com.au  /  April 15, 2016

Lockyer Valley truck drivers who own and operate their vehicles fear they will be left jobless if legislation forcing contractors to increase their pay rate is passed.

The Road Safety Remuneration Tribunal (RSRT), which sets pay and conditions for road transport drivers, announced the new minimum pay rates in December, stating they were designed to promote safety and lessen pressure on owner-drivers being paid per-kilometer.

While a higher pay rate may initially sound like a good thing, owner-drivers like Hatton Vale's Wayne Schultz argue the legislation will put them out of business as they will be forced to charge well above competing transport businesses that are exempt from the new pay rates.

"The legislation targets owner-drivers, not multinationals, and it's going to drive me out of business," Mr Schultz said.

"A lot of blokes are going to lose everything over this and some already have.

"A lot of little towns also depend on owner-drivers and mobile mechanics and tyre fitters will also lose out."

The new rates were due to come into effect on April 4, but the Federal Court granted a stay of the Order following an urgent application by the National Road Transport Association (NatRoad).

New legislation will now be introduced to Parliament on Monday to ensure orders setting mandatory remuneration rates cannot commence any earlier than January 1, 2017.

Mr Schultz, who has been driving trucks for 40 years, said safety needed to be addressed but the RSRT was not the way to go about it.

"If the RSRT was set up right and applied to drivers across the board, it would be a good thing," he said.

"In its format now I hope it's scrapped and they come back with something else completely."

Federal Member for Blair Scott Buchholz said, although legal concerns prevented most transport businesses from saying so, the rise in costs would force the majority in the region to stop employing owner-drivers.

"We have roughly 200,000 trucks on the road of which approximately 26,000 are owner operators. The RSRT was put in place with good intention to try and offer a better rate of pay for these owner operators," he said.

"It was pushed heavily by the Transport Workers Union. Union membership in the company sector is quite large (compared) to membership in the owner-driver sector.

"My concern is we're going to have 26,000 owner-operators having to sell their trucks (and) losing their homes because they've lost their income.

"Whilst the RSRT intent was good the effect is they'll wipe out the entire owner-driver sector. It's a cruel blow and it's an invasion of economic freedom to do business. Local owner-operators are furious."

Prime Minister Malcolm Turnbull agrees and has said, if re-elected, he would move to abolish the Tribunal which was set up by the Gillard government in 2012 to improve road safety.

Mr Turnbull based his decision on the findings of two independent reviews of the Road Safety Remuneration System that outlined economic consequences and a lack of conclusive evidence around safety.

"We will, if we are re-elected, abolish the RSRT," he said.

"It is not a tribunal that does anything effective to do with safety, it undermines owner operators, it undermines small business, it undermines family businesses."

[kscarbel2]

Coalition puts name to legislation ditching RSRT

Australasian Transport News (ATN)  /  April 18, 2016

Big day in Parliament follows rally as anti-RSRT legislation joins effort to create building watchdog

The Coalition is moving to introduce legislation abolishing the Road Safety Remuneration Tribunal (RSRT) and redirecting Tribunal resources to the National Heavy Vehicle Regulator (NHVR) on a pivotal day for the federal government.

The Road Safety Remuneration Repeal and Road Safety Remuneration Amendment (Protecting Owner Drivers) to the Parliament on a day when mainstream and other media report that the Australian Building and Construction Commission (ABCC) would face trouble getting past the Senate, thereby bolstering its arguments for a double dissolution.

However, there seems few doubts the RSRT’s contentions Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO) would be delayed at the very least or "suspended", which is the government’s fall-back position.

Less confidence surrounds the abolition of the tribunal, though that might hinge on as few as one crossbench senator.

With a mob-hand of tie-less ministers, including prime minister Malcolm Turnbull and deputy prime minister Barnaby Joyce, queueing up to be on the RSRT case, the government is refining its rhetoric and message.

"There’ll be $4 million a year saved by the abolition of the RSRT and that will all go in to support the work of the National Heavy Vehicle Regulator to ensure that there is real support, practical support for safety," Turnbull tells yesterday’s owner-drivers’ rally in Canberra.

"We are all committed to safety on the roads, in the workplace, on construction sites, everywhere.

"We’re all committed to safety.

"But what this Tribunal was, as you know, was essentially a pretext. Safety was used as a means of undermining independent family businesses at the expense of a big union and the best answer we’ve got to that is to abolish it this week.

"Thank you so much for being here.

"Your courage, your determination to stand up for your family businesses is inspiring."

Infrastructure and transport minister Darren Chester told owner-drivers protesting, saying the RSRT had failed to make the intended difference while the NHVR was the correct repository of transport safety.

 "In 2012, the Labor Government established the Road Safety Remuneration Tribunal, suggesting that if you pay a truck driver more, they’ll drive slower and work fewer hours," Chester says.

"The tribunal was intended to make the road transport industry fairer and safer, but after almost four years in operation, the evidence shows that the Tribunal has not achieved either of these aims.

"Small operators are telling us that the remuneration system risks harming their businesses, without doing anything to improve the safety of the industry.

"A tribunal of industrial umpires cannot claim to be experts in road safety.

"It is the National Heavy Vehicle Regulator – a combined effort of the Australian Government and most state and territory governments – that has the expert knowledge and understanding needed to bring about improvements to the safety of the road transport industry."

Employment minister Michaelia Cash spoke in support of Chester.

"Assuming successful passage of the necessary legislation, the tribunal’s resources will be redirected to the National Heavy Vehicle Regulator," Cash says.

"The National Heavy Vehicle Regulator will be tasked with prioritising ways in which road safety can be materially improved.

"To determine how best this resourcing can be used to re-prioritise and strengthen safety measures that will work at the roadside, the Australian Government will be consulting with state and territory governments and with industry.

"Everyone supports a safer heavy vehicle industry, but clearly the answer is not to put tens of thousands of owner-drivers off the road through a central wage fixing policy.

"A better resourced National Heavy Vehicle Regulator, working together with Government and with industry, is the best mechanism for achieving real safety outcomes for the heavy vehicle sector and the broader community."

In response, the Transport Workers Union (TWU) continues to bring new truck-related fatalities to bear on its arguments against RSRT abolition.

"My thoughts are with the families left devastated by these tragedies which have to be fully investigated," TWU national secretary Tony Sheldon says.

"This has been a black weekend for the trucking community and the wider community which bear the brunt of these horrific crashes.

"I am appealing to the Government not to abolish the one body tasked to examine the pressure in trucking which leads to so many tragedies.

"What other proof does the Government need that there is a problem with safety on our roads involving trucks?

"We know that a deadly cycle is at play in transport with major retailers and manufacturers squeezing transport operators and drivers with low cost contracts to the point that our roads are not safe."

In the meantime, the union has sought an RSRT delay on the RSRO.

Opposition leader Bill Shorten reiterated that the RSRT’s creation was all about safety and took Turnbull to task over a lack of previous commitment to owner-drivers.

"Mr Turnbull's never really shown any interest in truck driver safety ever in his parliamentary career," Shorten says. 

"A search of Mr Turnbull's parliamentary words in the parliament show that he's used the work truck only on eight occasions and never, and never in regard to safety or remuneration.

"Mr Turnbull probably has the votes of the crossbenchers to secure his abolition of an independent tribunal.

"Mr Turnbull should explain what he intends to do to improve the safety of truck drivers and motorists in Australia.

"What he's doing is creating a free-for-all in terms of a race to the bottom of wage rates.

"We will see truck drivers cutting corners, forced through their very low pay to take risks which will jeopardise the safety of themselves and other motorist and Mr Turnbull has shown no interest in explaining the detail of his measures to improve truck drivers’ safety and motorist safety on the roads of Australia."

[kscarbel2]

ATA thanks drivers and pollies for convoy success

Australasian Transport News (ATN)  /  April 18, 2016

MPs and senators line up to get into trucks as repeal confidence rises

The Australian Trucking Association (ATA) expressed confidence Senate crossbenchers would support the end of the Road Safety Remuneration Tribunal (RSRT) after yesterday’s convoy and rally in Canberra.

The convoy, estimated at about 200 trucks, mostly prime movers running bobtail, proved irresistible for quite a few members of parliament and senators, it reports.

ATA CEO Christopher Melham said there could be no doubt of the trucking industry’s backing for the abolition of the RSRT, and welcomed the support of ministers, senators and other members of parliament at today’s event.

"The Road Safety Remuneration System isn’t about safety – it’s about creating a two-tier payment system, where owner drivers and small operators are legally restricted from being able to negotiate their own rates," Melham says.

"But this doesn’t apply to large fleets. This means that rather than having owner drivers paid more, they are losing jobs as they can no longer compete on price.

"We know there are third and fourth generation family transport businesses who are going out of business as a result of the tribunal. These are livelihoods and careers on the line.

"As Minister Chester said at the rally this morning, you shouldn’t have to drive to Canberra to fight for your job. But hundreds of drivers did travel to Canberra to deliver a clear message – abolish the RSRT, and abolish it now.

"Owner driver Mick Boland really hit the nail on the head when he said that owner drivers are scared for their futures under the tribunal – but they’re fighting, and they’ll keep fighting to save their businesses while they still can.

"It was fantastic to have such strong support from the Government and crossbenchers for the industry at this morning’s event.

"Having Minister Chester, minister Cash and senator John Williams address the rally, along with senator Lazarus, senator Day, Senator Wang and senator Xenophon, really shows their understanding of the pressure that is being put on our owner drivers.

"Senator John Williams took delivery of the ATA’s petition to abolish the RSRT to introduce it to Parliament today. John even jumped behind the wheel himself in this morning’s convoy, while owner-driver Greg Hollis took the passenger seat."

Melham applauded MPs and senators who took the time to ride in the convoy with members of their electorates, including:

- Senator Fiona Nash

- Sussan Ley

- Keith Pitt

- Wyatt Roy

- Michael McCormack

- Senator John Williams

- Senator Chris Back

- Michelle Landry

- Brett Whiteley

- Scott Buchholz

- Senator Glenn Lazarus.

"The trucking industry already has a safety body – it’s called the National Heavy Vehicle Regulator," Melham says.

"The Road Safety Remuneration System is putting owner drivers and family operations out of business, and it needs to be abolished now."

Asked about the rally in against the tribunal he was instrumental in setting up, Opposition leader Bill Shorten put industry anxiety down to uncertainty and backed a delay in the RSRO’s implementation.

"Well I think what’s happening is that there's been a lot of confusion about the implementation of new minimum rates and I can respect the concern that causes," Shorten says.

"But the solution, if there's detail about minimum rates of pay, isn't to get rid of the independent umpire.

"The solution to road safety in this country isn't to deregulate the wage rates of owner drivers so it's just the law of the jungle applying in terms of what people get paid."

Shorten reiterates that the opposition is looking for a nine-month delay for the RSRO.

"Absolutely, we've said that we think the independent tribunal should delay some of the new minimum wage orders until the first of January next year," he says.

"That's how you fix things."

"Image if the independent tribunal passes a minimum wage case for workers and Mr Turnbull doesn’t like that. Imagine if the independent umpire decides to increase casual loadings that people receive or penalty rates.

"What is Mr Turnbull now going to do if a few 100 people complain about the national independent umpire for wage rates? Mr Turnbull is only doing this to keep the right wing of his political party happy. He has no consistency of interest in the issues of road safety that I’ve seen him speak about." 

 

[kscarbel2]

Minimum truckie pay un-Australian: MP

AAP  /  April 18, 2016

Imposing minimum pay rates on owner-driver truckies deprives them of achieving the great Australian dream of being their own boss, a Nationals MP has told parliament.

Mark Coulton says a road safety tribunal pay decision is forcing drivers to park their trucks because they can't compete against bigger transport companies.

Employed truck drivers were not covered by the minimum pay decision, which only covered drivers who own their own vehicles - making it cheaper for bigger companies who employ drivers.

Mr Coulton, who holds a heavy vehicle driver's licence, said owner-drivers would have to charge a higher rate than the average to comply with the rules.

They had two options: break the law and hope they weren't caught or charge the higher rate and miss out on the job.

"This is not about safety, this is about anti-competitive behaviour," he said on Monday.

The decision was un-Australian because it forced owner-drivers to abandon the great Australian dream of being your own boss.

Cabinet minister Christopher Pyne earlier introduced legislation to abolish the Road Safety Remuneration Tribunal - a creation of the Gillard government - during a special session of parliament.

Mr Pyne argues there is no tangible safety outcome from the tribunal.

Labor disagrees, saying there is a direct correlation between minimum pay rates and road safety.

Scrapping the tribunal would make roads less safe for all Australians.

Mr Pyne says it's vital to abolish the body to ensure owner-truck drivers can keep working.

"This is about those operators who just want to earn a living so they can continue to sponsor their local sporting club, St John's Ambulance or their children's school without having their livelihood threatened," he told parliament.

If the abolition bill isn't passed, the government's back-up plan is to freeze a minimum pay rate decision for owner-drivers which the coalition says puts 35,000 businesses at risk.

Mr Pyne also introduced that legislation on Monday, but highlighted it was not the government's preferred option.

Opposition employment spokesman Brendan O'Connor told the parliament Labor would not support the bills in their initial form.

It appears the government has enough support in the Senate to pass at least the freeze.

[kscarbel2]

Parliament removes RSRT

Australasian Transport News  /  April 19, 2016

Backed by a number of independents, the coalition has voted the RSRT out

The Road Safety Remuneration Tribunal (RSRT) has been abolished by the federal parliament overnight with a senate vote of 36 to 32.

Passing through both the House of Representatives and the Senate yesterday, the Road Safety Remuneration Repeal Bill 2016 gained the backing of independent senators Jacqui Lambie, Nick Xenophon, John Madigan, Glenn Lazarus, and minor party members Zhenya (Dio) Wang and Robert (Bob) Day.

Holding to his original opinion from 2014, senator Ricky Muir voted against the repeal Bill.

The Bill means the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO) will also be removed when the abolition act commences on Thursday 21 April.

Pyne introduces the Bill

Introducing the Bill into the House of Representatives, industry, innovation and science minister Christopher Pyne says the Bill "stands by owner drivers and mum-and-dad small businesses who just want to earn an honest living."

The leader of the house says the RSRT’s refusal to delay the order, "in the face of widespread confusion and misunderstanding" was "the last straw".

"Road accidents involving trucks involve both owner-drivers and employee-drivers and in 84 per cent of cases are caused by the other vehicle involved, not the truck," he says.

"To single one group out, effectively branding them as unsafe, is not only unfair, but it's also wrong, and enormously insulting."

The minister also took a passing shot at the TWU, which Pyne says had instigated a tribunal that had "devastating effects on the industry" and, at the last minute, was trying to save it.

"What an extraordinary and absurd turn of events — the union for whom the tribunal was created, who attacked owner drivers for challenging the Payments Order and went to the Federal Court only two weeks ago to have a stay of the order lifted, is now before its tribunal saying, 'We've changed our mind, we want you to delay the order'," Pyne says.

He also took umbrage to the thought that improved payments will slow down the ‘cowboys’.

"As one owner-driver explained to me, if you pay the cowboy drivers more, because they are cowboys, they will just drive more — more hours, longer distances, to get that money."

Other concerns surrounded the lack of rest breaks in the RSRO and that it doesn’t take safety training into account – "practical measures have all been recognised as having a significant impact on safety and yet the order does not mention them," he says.

Next steps

Pyne confirmed the growing sentiment towards the National Heavy Vehicle Regulator (NHVR), which Longhaul Drivers Association (LDA) president Brian Turpie says is unfit for the job, suggesting it will handle the role.

"We will redirect all the resources from the Road Safety Remuneration System — $4 million each year — to the National Heavy Vehicle Regulator to ensure the tangible safety measures the industry want are given priority," he says.

On the RSRT, Infrastructure and transport minister Darren Chester says "a tribunal of industrial umpires cannot claim to be experts in road safety," and therefore it should be the NHVR which "has the expert knowledge and understanding needed to bring about improvements to the safety of the road transport industry."

Employment minister Michaelia Cash, who has lead the coalition’s efforts, says the government will be consulting with its state counterparts and the industry to "determine how best this resourcing can be used to re-prioritise and strengthen safety measures that will work at the roadside."

[kscarbel2]

TWU and Labor slam RSRT decision

Owner/Driver  /  April 19, 2016

Speaking after the federal parliament passed legislation to remove the Road Safety Remuneration Tribunal (RSRT) and its Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO) overnight, TWU national secretary Tony Sheldon says the coalition has removed "the one tribunal that give fairness and makes our roads safer."

"Our roads will now see more deaths, more fatalities, and more owner-drivers and employees exploited," he says.

Directing his comments at prime minister Malcolm Turnbull at a press rally this morning, Sheldon says the Liberal party leader "got rid of hope for thousands of owner-drivers and employees across this country."

"We’re determined to fight, and fight again to make sure this country has safe roads and people that can live, breathe, and work on our roads without the fear of economic pressure that your government has now put on their shoulders."

Sheldon says the TWU has believed, since before Easter, that a delay was required and has been working towards it up until last night.

"On Thursday, before the Easter break, there was an agreement across industry to reach an agreement with regards to both the tribunal decision that affects 0.1 per cent of owner-drivers in the livestock industry," he says.

"There was an agreement struck by all the major negotiators, all the major associations, but Malcolm Turnbull and the industrial relations minister decided to go on a political frolic and that agreement collapsed."

"Just yesterday, there was no opposition to the position put up by the Transport Workers’ Union on behalf of tens of thousands of owner-drivers and employees across the country," but "Malcolm Turnbull made a decision last night."

Setting the scene for the TWU’s next move, the TWU national secretary says the "18 families that have lost loved ones this month, they aren’t statistics on a piece of paper, they’re real people and we’ll damn-well fight for them."

Community sentiment

The TWU says there is community support for the RSRT, citing a poll that says over three-quarters of Australians want the government to take action on the trucking industry’s safety.

"An opinion poll today shows a majority of people believe the Tribunal should be kept while just 12 per cent say it should be abolished," a TWU statement says.

"The poll by Essential Media shows a majority of people support the Tribunal.

"Over 85 per cent say the Federal Government needs to take action to make the trucking industry safer.

"Major clients, which dictate transport contracts, should be held accountable for their impact on road safety, said 65 per cent of respondents."

The union has been pushing the evidence angle since the beginning of the RSRT debate, highlighting the industry’s safety record – the transport industry currently sits atop the fatality rates with 12 times the average risk of all industries.

Making that point for the TWU is Sue Posnakidis, whose brother John Posnakidis was killed in 2010.

"My brother’s death has devastated our family and we know he should never have died," Posnakidis says.

"He was killed by an inexperienced driver who’d had a ‘grueling work schedule’ and was driving a truck with faulty brakes, according to the coroner."

While disappointed by the parliament, she says she’ll "keep fighting so that no other family has to go through what we are living every day."

Also among the 50 drivers and family members in Canberra today showing their disappointment is owner-driver Roy Ballantyne, who says the move ends his chance for a pay rise.

"Now the government has taken away that increase and left me struggling again," he says.

"I don’t want to have to keep choosing between putting food on the table and maintaining my truck."

Fellow owner-driver John Waltis shared the outlook.

"Our job is the most dangerous job in Australia and I’ve been to the funerals of 50 mates killed in truck crashes to prove it," Waltis says.

"It’s deeply disappointing to hear that Malcolm Turnbull has abolished the Tribunal – now there is no road safety watchdog to address the crisis in our industry.

"The race to the bottom on rates will continue tragically and so will the crashes and deaths."

Shadow minister says Turnbull will rue the move

Shadow minister for employment and workplace relations Brendan O’Connor says Malcolm Turnbull will "rue the day that he has turned his back on the body of evidence that links wages and road deaths."

Describing it as a tragic day, O’Connor says "based on the evidence that has been considered by commission reports, by coronial inquiries, and by the courts …there will be more deaths on our roads as a result."

In a slight shift in stance, O’Connor says the Labor party had "concerns about the way in which the Order was dealt with by the tribunal, and was willing to sit down with affected parties."

"Indeed, I think all parties were looking to do that before the tribunal, and it was regrettable that it wasn’t the course the tribunal had taken."

The shadow minister says Labor is "strongly of the view [that] we need a way to address this problem on our roads," but will continue to consider its position on the issue.

[kscarbel2]

Industry bodies rejoice RSRT repeal

Owner/Driver  /  April 19, 2016

Australian Trucking Association CEO Christopher Melham says owner-drivers and small trucking businesses "secured a great victory" last night when the federal parliament voted in favour of removing the Road Safety Remuneration Tribunal (RSRT) and its Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (RSRO).

The industry body, which organised a convoy to Canberra on Monday morning attended by 200 truck drivers, says the RSRT had unfairly targeted one part of the industry.

"The RSRT’s payments order applied a minimum freight rate to owner drivers," Melham says.

"As a result, owner drivers were finding themselves unable to compete with the rates offered by other competitors in the marketplace."

He says the pressure of the Order, which did not apply to employee drivers, meant owner-drivers "were losing their livelihoods and family businesses were folding under the pressure of this unfair, two-tier payment system."

Thanking the coalition and the independents who supported the Road Safety Remuneration Repeal Bill 2016, Melham says "the RSRT is now a thing of the past, and its funding will be reassigned to the National Heavy Vehicle Regulator."

"I’d like to thank the Government and all those independent senators who stood with owner drivers during this dark time," he says.

"Owner operators across Australia stood up and said that this wasn’t right.

"In all states and territories, drivers invested their own time and money to attend rallies, be part of convoys, and approach their local members to fix this appalling situation."

The ATA says the Bill received Royal Assent this morning and the abolition act takes effect on Thursday.

Shared victory

In a small statement, the National Road Transport Association (NatRoad) says it "welcomes the passing of a Bill last night in Federal Parliament to abolish the Road Safety Remuneration Tribunal, which will keep up to 40,000 small, family owned trucker businesses on the road."

The body's CEO Warren Clark says the result follows an exhaustive campaign.

"We thank the Coalition who listened to the concerns of our industry and introduced the Bill, and Senators Lazarus, Lambie, Madigan and the other crossbenchers whose support saw the Bill pass through the Parliament," Clark says.

"The shambles that was the RSRT is now behind us and those businesses at risk of going under as a result of its ill-informed decisions, can now return to business as usual."

The Australian Industry Group (Ai Group) CEO Innes Willox has chorused the sentiment, saying the news "is very welcome."

"Ai Group opposed the establishment of the Tribunal, and ever since we have called for its abolition," Willox says.

"The Tribunal should never have been established in the first place.

"It was set up in response to a TWU industrial campaign.

"The idea that paying drivers more or differently will improve road safety has been rightly rejected by Parliament."

The Livestock and Bulk Carriers Association (LBCA) and the Livestock and Rural Transport Association of WA (LRTAWA) have also come out strongly in favour of the RSRT’s abolishment.

"The dragon of the RSRT is dead," the LBCA says. "We’ve seen off a dangerous livelihood threatening, family threatening menace."

The industry body says it "is a moment for us all to say congratulations to each other because it took many of us working in the same direction, taking individual initiatives, pushing hard and not losing our nerve that made it happen."

Support from deputy prime minister Barnaby Joyce and former senator Tony Windsor, and the participation of its members in the convoy to Canberra over the weekend all played parts in swaying the parliament, the LBCA says.

"Special thanks to all our members who appeared as witnesses and were abused by the Tribunal," the body says.

"We did our best to protect you, but your courage and their abuse was a major reason why the Parliament voted so decisively to abolish the Tribunal."

The Western Australian-focused LRTAWA shared similar sentiment, stating it was a win for small businesses.

Speaking on behalf of the organisation, president Stephen Marley says "rural transporters were one of the groups that would have been the worst affected by the RSRT’s recent order as so much of their work involved back-loading and loads with more than one consignor on board."

As to the complexity of the RSRO and the confusion that ensued, Marley says he "cannot recall a transport issue in the last couple of decades that has united the industry through fear of the future the way the RSRT has."

"Small transport companies in regional areas were facing financial ruin which inevitably would have affected many other regional businesses servicing the transporters."

Seeing the positives in the ordeal, the LRTAWA president says the industry "worked together through its representative associations and it is a good example of the power of effective lobby groups."

"The result is testimony to what industry associations can achieve."

Thanking the ministers "for listening to transporters concerns and working with the industry to develop a legislative strategy that had the best prospect of success," Marley says the body "will continue to push for more safety bays, better roads and a well-informed driving community to ensure we all get home safely."

NHVR solution

While the Australian Logistics Council (ALC) has also joined in on the celebrations, highlighting its position from when the tribunal was proposed in 2010, it has also come to the fore to push the NHVR solution.

"The Senate vote vindicates ALC’s long held position that the Tribunal and its Orders would inevitably lead to regulatory overlap, confusion, inefficiencies and costs," ALC managing director Michael Kilgariff says.

The ALC chief says the answer to the problem is in the Chain of Responsibility laws.

"The ALC view has always been that the most effective way to drive safety in the heavy vehicle industry is through achieving greater compliance and enforcement of Chain of Responsibility in the Heavy Vehicle National Law," he says.

"There are a number of proposed changes to Chain of Responsibility (COR) laws in 2016.

"This includes the introduction of a ‘primary duty of care’ into the current Chain of Responsibility that will be similar in nature to those contained in workplace health and safety legislation."

The industry body’s vision features the mandatory use of technology, recording fatigue, speeding, location, and dangerous driving data; the addition of operator accreditation, ensuring participants are qualified for certain tasks; a focus on COR; and a better alignment with work health safety laws.

"ALC calls on those organisations that have invested time and resources in the Road Safety Remuneration Tribunal to put their weight behind the National Heavy Vehicle Regulator to develop and implement safety measures that are workable, effective and which drive heavy vehicle safety outcomes across Australia," Kilgariff says.  

Australian Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell has also backed the proposal to empower the NHVR.

"The NHVR is best placed to develop practical measures to help ensure the truck drivers who go out to work on our roads every day, get home safely to their families," Carnell says.

Labelling the news overnight as prevailing common sense, Carnell says owner-drivers "can now confidently get back on the road and on with the job of keeping their small businesses running, within a fair and competitive market."

However, she hopes the banks will "bear these circumstances in mind" in the time it takes "for the industry to get back to normal" after the RSRT.

"I encourage banks and other financial institutions to show some leniency towards owner-driver small businesspeople; many have mortgaged the family home to cover the costs of running their enterprise and may be struggling financially due to the recent upheaval," Carnell says.

[kscarbel2]

 

 

[kscarbel2]

 

Have you ever witnessed a U.S. politician supporting owner operators (owner drivers) ?

[Timmyb]

I for one am glad that to hear this has been abolished! 

Thanks for the updates KSC. 

[kscarbel2]

13 hours ago, Timmyb said:

I for one am glad that to hear this has been abolished! 

Thanks for the updates KSC. 

You're welcome Tim. I aim to please.

This is a huge issue for Aussie owner operators.