Connect Legal assists Owner Drivers ( Truck Drivers who own their own trucks)  Australia wide in defending their contractual rights and also recovering their lawful industrial entitlements. Owner Drivers are an integral part of the Australian economy and ensure our farmers , manufacturers and wholesalers are able to transport their goods Australia wide.

                                            NATIONAL PROTECTION.

Throughout Australia there are  various laws helping Owner Drivers in defending their contractual rights. Nationally there is the Independent Contractors Act 2006 , but this Act has proven to be very unworkable and in the last 4 years there has only been a handful of judgments.

Owner Drivers can also access the General Protection Orders regime of the Fair Work Act, but this can only occur when there is a breach of a workplace law e.g safety and or award breach. 

Various Australian  States have their own industrial and legislative protections to ensure owner drivers are paid minimum transport rates and can defend their unlawful and or unfair contractual terminations.

                                            NSW PROTECTION.

In this area , NSW is at the forefront of owner driver  protection with  Chapter 6 of the NSW Industrial Relations Act providing  a broad range  of protection. The primary industrial instrument that regulates what owner drivers should be paid is the General Carriers Contract Determination which stipulates what rates (hourly and km) owner drives should be paid. Connect Legal is currently running a number of major cases in this area and assisting owner drivers to recover outstanding entitlements. Furthermore NSW has the Courier and Taxi Truck Determination which also regulates what courier owners should be paid. In all NSW has about 11 awards that protect owner drivers and not forgetting the Section 346 (Loss of Goodwill) which allows owner drivers to claim loss of goodwill when their contracts have been terminated.  

                                        VICTORIAN PROTECTION.

Victorian also has a unique piece of legislation called the Owner Drivers and Forestry Contractors Act 2005 which mainly helps Victorian based owner drivers recover minimum notice periods of termination and also protection from unconscionable conduct e.g loss of goodwill, requirement to upgrade trucks without a monetary offset. Connect Legal has also been active in this jurisdiction helping owner drivers secure their minimum entitlements. 

                                        WESTERN AUSTRALIA PROTECTION.

Western Australia has the WA (Owner Drivers (Contracts and Disputes Act) which like Victoria provides various protections regarding termination of contracts andnon payment of transport invoices.

Finally, Owner Drivers can access the common law courts and claim what is called “ Reasonable Notice” on the termination of their contracts. Reasonable notice claims depend on a number of factors, but basically the longer you have worked for a Principal Contractor the longer the notice.

If you are an Owner Driver and require further assistance in this area, please contact Mr. Boghossian  of Connect Legal who will assist you with any questions you ma have.