Over to you A FAIR GO FOR OWNER DRIVERS by Ray Pratt
The Owner Drivers Act should be making it better
T
here has been a lot written lately about the need for a Federal Code of Conduct for truck drivers with the emphasis on 30 day payment times. A lot of truck drivers seem not to be aware that Western Australia has had its own Owner Driver Act which has been in place for over ten years now. In general terms, this Act is a relatively effective and low cost mechanism to help establish fair and equitable payment rates for Owner Drivers and can assist in the resolution of disputes that arise between Owner Drivers and hirers. A time limit on payment is also included in this Act which establishes that Owner Drivers must be paid in fourteen days or in some circumstances within thirty days. This Act came into effect on the 1st of August 2008. It was developed in response to a number of concerns expressed by Western Australian Owner Drivers. These concerns were mainly aimed at Owner Drivers who had limited ability to effectively negotiate with principal contractors - often resulting in payment rates that were insufficient to maintain a viable business, and conditions of payments that saw some Owner Drivers having to wait several months before receiving payment. The Act seeks to ensure that Owner Drivers are paid a safe and sustainable rate and are paid within a reasonable time. It also provides guidelines to help Owner Drivers and hirers to work out suitable rates of payments. I have a lot of time and passion for this Act as I was involved with various councils and committees at the time that this Act was put together. It is a great tool for Owner Drivers to use but the downside is that it requires Owner Drivers to make a ‘stand’ and that is something that many are not willing to do as they are frightened of the repercussions and maybe losing work. I do know of several cases where drivers have used this Act to solve disputes and whilst the outcome was satisfactory they
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WATM • August 2019
It is a great tool for Owner Drivers to use but the downside is that it requires Owner Drivers to make a ‘stand’ and that is something that many are not willing to do as they are frightened of the repercussions and maybe losing work ended up without a job. The one failing of this Act is that it requires more enforcement to make it work better. The transport industry is in a frightening position at the moment and this Act should be used to make it better. There are many major transport companies operating today that have very little regard for this Act just as they have very little regard for Owner Drivers. There is plenty of work around at the moment but nearly every transport operator is busy cutting the rates trying to secure work. The industry has sunk so low that it is driven by the lowest price. Forget about being judged by how good your equipment is or how professional you are. The transport industry is driven by wealthy people at the top of the food chain
and they do not care that the industry is unsustainable. They do not care about the chain of Responsibility and safety and they do not care when you go broke as there is always someone else ready to take your place. I know that this scenario has been happening for decades but it is now so bad that drivers are fighting drivers for work and more than ever, transport companies are going broke and its forcing drivers to be unsafe on our roads. There is some professional transport operators battling away trying to keep the rates and standards high and I take my hat off to them but it’s a big call when they have to compete against the rate cutting and the general decline of the industry. As always I ask, is anyone listening? Keep it safe, Ray Pratt
