Owner-Drivers Act
Information about the Act and Code of Conduct is available in a short pamphlet and a more detailed booklet. Both are available to download.
Index
- Background to the Act
- The Regulations and Code of Conduct
- Owner-Drivers Act - frequently asked questions
- Owner-Drivers Act - further information
Background to the Act
The Owner-Drivers (Contracts and Disputes) Act 2007 (The Act) came into effect from Friday 1 August 2008. It was developed in response to a number of concerns expressed by Western Australian owner-drivers.The major concerns were that a limited ability to effectively negotiate with principal contractors (hirers) often resulted in payment rates that were insufficient to maintain a viable business, and/or conditions of payment that saw some owner-drivers having to wait for 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 provides guidelines to help owner-drivers and hirers to work out suitable rates of payment.
The Act has introduced a number of changes that affect the rights and responsibilities of owner-drivers and hirers. The Department recommends that you seek independent advice on how those changes affect you - do not act solely on the basis of the information provided here.
The Regulations and Code of Conduct
The Owner-Drivers (Contracts and Disputes) (Code of Conduct) Regulations 2010 came into effect from Thursday 1 July 2010. The Regulations contain a Code of Conduct that came into effect on the same day.The Code of Conduct deals primarily with standards of conduct during negotiations, penalty clauses, rates of interest, deductions from payments and record keeping requirements.
The Code of Conduct also empowers the Road Freight Transport Industry Council to develop and publish Guideline Rates for use by the industry. The Council will regularly review and update the Guideline Rates.
The Guideline Rates provide pre-calculated rates in both per kilometre and per hour dollar amounts. They do not set a minimum or maximum rate, but the Tribunal can refer to them to determine whether payments have been made at a safe and sustainable rate.
- Does the Act apply to you?
- Overview of the Act and Code of Conduct
- Road Freight Transport Industry Council
- Contact us
Owner-Drivers Act - frequently asked questions
Owner-Driver's Act - frequently asked questions
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Owner-Drivers Act - further information
Information about the Act and Code of Conduct is available in a short pamphlet and a more detailed booklet. Both are available to download.
