article earlier this year highlighted the potential for
businesses to be caught by the widening of responsibility for
"safety and fairness" and remuneration in the Australian
road transport industry as a result of the creation of the Road
Safety Remuneration Tribunal ("RSRT").
The RSRT can make "enforceable instruments", including
road safety remuneration orders ("RSROs") that will
prevail over state or territory laws, modern awards, enterprise
agreements, Fair Work Australia orders and transitional
To identify particular road transport industry matters for
inquiry, the RSRT is required to prepare an Annual Work Program
which may result in the creation of RSROs that extend compliance
requirements to all participants in the road transport
supply chain. Those affected include consignees and
consignors (such as supermarkets and head contractors) who
previously had limited, if any, enforceable obligations to
participants "lower" in the supply chain.
RSROs which extend current obligations will have
potentially serious consequences for existing commercial contracts
in the road transport supply chain.
The RSRT recently issued a statement seeking written submissions
on matters that should be included in the initial Annual Work
Program. These submissions must be made to the RSRT by
4.00pm AEST on Tuesday, 2 October 2012 and will be
published on its website.
After the initial round of submissions, interested parties will
have until 4.00pm AEST on Tuesday, 16 October 2012
to submit written submissions to the RSRT in reply.
It is important for employers, principal contractors and
consignors to consider making submissions in response to the
initial submissions which may result in the creation of RSROs.
Hunt & Hunt will monitor the first round of submissions to
identify matters of potential concern and alert our clients.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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