Introduction
Understand what rights and obligations can be included.
Content
A road transport contractual chain order creates rights and obligations. These may apply to all persons covered by the order. Penalties may apply if you do not comply with an order.
Road transport contractual chain guidelines are not legally binding.
What is included in the order or guidelines
The Expert Panel for the road transport industry decides what terms and conditions will be included. There are rules about what can and cannot be included.
Terms we must include
A road transport contractual chain order or guidelines must specify what it covers. This includes the:
- work in the road transport industry covered
- persons in a road transport contractual chain covered.
The order or guidelines will cover a class or classes of:
- road transport contractors
- road transport employee-like workers.
Other persons in the chain may be specified by name or the class they belong to.
A road transport contractual chain order must also include terms about:
- settling disputes about any matters arising under the order
- how the order interacts with minimum standards orders.
Terms we can include
A road transport contractual chain order or guidelines can include terms about:
- payment times
- fuel levies
- rate reviews
- termination, including one way termination for convenience
- cost recovery.
The law does not require us to include these terms and we can decide to include other terms.
Terms we cannot include
A road transport contractual chain order or guidelines cannot include:
- terms about
- overtime rates
- rostering arrangements
- matters relating to work health and safety that are comprehensively dealt with by other laws.
- terms that would change the form of engagement or status of workers covered by the standards (including by deeming them employees)
- terms about matters relating to road transport that are 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.
Changing an order or guidelines
We can also vary or revoke orders or guidelines. We can do this when we receive an application or on our own initiative. See Apply for regulated worker minimum standards.