Road transport minimum standards orders and guidelines

We can consider making road transport minimum standards orders and guidelines. This can be after we receive an application or on our own initiative.

The application must specify who the order or guidelines will cover. This includes the class or classes of regulated workers and businesses the order or guidelines would cover. Class or classes can include an industry, sector or specific types of work. Minimum standards do not specify the names of individuals or businesses.

A person or organisation can apply for either a minimum standards order or guidelines. We will decide which is more appropriate. This means if you apply for:

• a minimum standards order, we can decide to make guidelines instead
• minimum standards guidelines, we can decide to make a minimum standards order instead.

Minimum standards for the road transport industry will be considered by an expert panel for the road transport industry.

When we perform functions relating to road transport minimum standards, we must consider the minimum standards objective and the road transport objective.

Before making a road transport minimum standards order, we must:

• genuinely engage with the parties to be covered
• consult the Road Transport Advisory Group
• follow a consultation process
• have regard to the commercial realities of the road transport industry and
• be satisfied that making or varying the order will not unduly affect the viability or competitiveness of owner drivers or similar persons. 

We decide what terms and conditions will be set as road transport minimum standards. There are rules about what can and cannot be included.  

A road transport minimum standards order can include terms only to the extent necessary to achieve the minimum standards objective. The Expert Panel for the road transport industry must also consider the road transport objective.

Terms we must include

Minimum standards orders and guidelines must set-out what they cover. This includes terms about the:

• type of work covered
• class or classes of regulated businesses covered  
• class or classes of regulated workers covered.

A minimum standards order must also include a term about disputes. This will cover how to settle disputes that arise under the order. This is not required for guidelines.

The names of individuals or businesses that they cover.

Terms we can include

Minimum standards orders and guidelines can include terms about:  

• payment terms  
• deductions
• record-keeping
• insurance
• consultation
• representation,
• delegates’ rights, and  
• cost recovery.

The law does not require us to include these terms and we can decide to include other terms.  

Terms we cannot include

Road transport minimum standards orders and guidelines cannot include:  

• terms about
  • overtime rates
  • rostering arrangements
  • matters of a commercial nature that do not affect the terms and conditions of engagement of regulated workers  
  • matters relating to work health and safety that are comprehensively dealt with by other laws
  • matters relating to road transport otherwise comprehensively dealt with by the Heavy Vehicle National Law, the Road Traffic (Vehicles) Act 2012 (WA), the Traffic Act 1987 (NT) or other laws.
• terms that would change the form of engagement or status of workers covered by the standards order (including by deeming them employees) 

We can also vary or revoke orders or guidelines. We can do this after we receive an application or on our own initiative.