©Just Logistics Pty Ltd 2 March 2016

UPDATED FACT SHEET

ROAD SAFETY REMUNERATION ORDER

MINIMUM PAYMENTS FOR CONTRACTOR DRIVERS ©Just Logistics Pty Ltd 2 March 15

“WE DO IT RIGHT SO YOU CAN SLEEP AT NIGHT” Our previous fact sheets and newsletters have outlined the requirements of the

Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 which is being introduced from 4 April 16. You need to comply from that date! It is now well and truly time for companies to be looking at what needs to be done to comply. This guidance sheet outlines some of the steps you may like to put in place.

GIVE US A CALL!

Jenine 0428 303 183 Peter 0411 318 807

Mitcham 0412 654 455

Offices in Melbourne and Shepparton areas

We are NOT legal people and therefore accept no legal liability for our guidance material. We will always try to make it as factual and helpful as possible, in as plain a language as possible! As we understand it, compliance with this order is MANDATORY. If you do not, you may find yourself receiving hefty fines as well as paying the outstanding monies to the contractor drivers.

WHAT DO I NEED TO DO? 1. Read the Order—www.rsrt.gov.au or call us for an emailed copy of the order. 2. Determine if You are a Hirer 3. You need to know who is/is not covered under this order. Start asking your sub-contractors / tow-hauliers if they are

covered under this order. You will need to know who you need to pay at what rate from 4 April 16. 4. Once you know a person/company is classified as a contractor driver you must take all reasonable steps to advise them the

order applies to them and that a copy can be found at your depot or website. 5. Review your contracts to ensure you can pay the minimum rates—if not, it may mean some time of restructure of your

business. 6. Website—if you have a website make sure you put a copy of the order on your website. 7. Depots/Worksites—you must, where practicable, display the order at sites or depots involved with contractor drivers.

ASSESS THE RATES USEFUL WEB ADDRESSES 1. Checklist to see if you are an owner

driver is found at https://www.fairwork.gov.au/about-us/legislation/road-safety-remuneration-tribunal/owner-drivers-and-hirers/checklist-for-owner-drivers

2. Checklist to see if you are a Hirer is found at https://www.fairwork.gov.au/about-us/legislation/road-safety-remuneration-tribunal/owner-drivers-and-hirers/checklist-for-hirers

3. The Order can be found at: http://www.rsrt.gov.au/index.cfm/remuneration-orders/enforceable-rsros/pr350441/

4. Distribution rates are found at: http://www.rsrt.gov.au/default/assets/File/

decisions-files/2015RSRTFB15-ScheduleA.pdf

5. Long distance rates are found at: http://www.rsrt.gov.au/default/assets/File/decisions-files/2015RSRTFB15-ScheduleB.pdf

©Just Logistics Pty Ltd 2 March 2016

SUMMARY OF WHAT NEEDS TO BE DONE BY HIRERS OF CONTRACTOR DRIVERS

Hirers of Contractor Drivers must display the order, including on their websites Advise each contractor driver the order applies to them Tell contractor drivers Copies of the order are available at the Hirers depot or website. Permit the conduct of audits of their compliance with the order if requested Ensure payment of minimum rate by hour and km. Pay each hour or part hour where driver is required to be at the disposal and/or direc-

tion of the hirer Pay each period of rest time of 30 or less continuous minutes where required to rest by

law unless two up. Pay each hour queuing and/or waiting whilst in control of the vehicle Pay whilst loading / unloading things from the vehicles Pay whilst cleaning, inspecting, servicing or repairing trailers or vehicles supplied by hir-

er (eg tow-hauliers) Pay whilst inspecting or attending to a load Pay whilst refuelling the vehicle

RECOMMENDATON

We recommend you start contacting your sub-contractors and tow-hauliers now and find out whether they are Contractor Drivers for the purpose of this order. Example Questionnaire may be as below:

COMPANY LETTERHEAD

Contractor Name: ……………………………………………………………. Date: ……………………………………..No of Prime Movers ………………….. Person completing Declaration: (name)………………………………………………………………………………………………………………………………….. Contractor Address: ……………………………………………………………………………………………………………………………………………………………….. I, …………(name)…………………………………………am authorised by ………………………(contractor name) ……………………….. To make a declaration as to whether the above contractor is an contractor driver for the purposes of the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016. I declare that I have read the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 and checked my details against he Fair Work Ombudsman owner driver checklist.

I declare that ……………(contractor name) ………………. IS / IS NOT a contractor driver for the purposes of the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016. If the contractor is a Contractor Driver for the purposes of the RSRO the following information should be provided. Payment Schedule Payment Schedule is Distribution Operations / Long Distance ……………………… Transport Worker Grade: Trailers supplied: Yes / No Type of Trailer: Class of Vehicle: Company Representative Signature: …………………………………………………………...

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Just Logistics Pty Ltd

Just Logistics Pty Ltd specialise in making Heavy Vehicle Compliance and Accreditation easier for you. All staff are qualified to conduct Heavy Vehicle Auditing & Consulting. If you require assistance to meet the new guidelines or wish audits to be undertaken please contact one of our staff.

Jenine 0428 303 183

Peter 0411 318 807 Mitcham 0412 654 455