New owner-drivers bill to increase protection for WA small contractors

Transport Minister Rita Saffioti has introduced the Owner-Drivers (Contracts and Disputes) Amendment Bill 2022 to Parliament, which is set to increase support for freight and supply chain industries, especially owner-drivers.

The Act establishes a framework for regulating dealings between owner-drivers and their hirers and the new Bill will provide additional protections for these small businesses and individual contractors.

Under the new legislation, discrimination will be a form of unconscionable conduct and changes will be made to the Tribunal’s powers and jurisdiction to ensure they are better equipped to deliver just and efficient outcomes in dispute resolution.

“Our freight supply chains and transport industries are incredibly important to our economy, as we have seen recently with the disruption to the East-West rail link,” Saffioti said.

“Owner-drivers play a vital role in our road freight transport supply chain and we want to ensure they and other small businesses are protected so they can continue this vital work,” she said.

“I would like to thank the Members of the Road Freight Transport Industry Council for their work on these important reforms,” she concluded.

Other changes proposed include new minimum periods for termination: contracts greater than three months will have a 90-day minimum notice period and contracts less than three months will have a 7-day minimum notice period.

The new legislation will also cover unfair or unjust contract provisions clarification and misleading and deceptive conduct specifically prohibited.

The bill will also seek to amend ‘a workplace right of entry’, for an owner-driver’s authorised representative for the purpose of investigating suspected breaches of the Act.

Non-compliance with guideline rates will be a factor relevant when the Road Freight Transport Industry Tribunal determines whether there has been unconscionable dealing

These amendments are the result of several years of work including a review from 2018 which included extensive consultation undertaken with industry through the Road Freight Transport Industry Council with members representing the Transport Workers Union, Western Roads Federation and industry.

Source: Government of WA media statements