Industry News - Australasian Transport News

By Brad Gardner | November 9, 2009

The Transport Workers Union has launched legal action against K&S Freighters in a move that could limit operators from charging drivers for damaging company vehicles.

The TWU wants the Federal Court to overturn K&S’ policy that deducts money from a driver’s wage if they negligently damage a truck.

A spokesman for the union says a company should not be able to take an employee’s pay and that insurance should cover any damage caused.

Holding a press conference in Sydney today, TWU National Secretary Tony Sheldon says the policy must not continue or it will set a precedent for other industries.

“This is the same as a bank blaming their employees if a computer or a chair breaks and then deducting their pay to pay for it. It is totally unreasonable,” he says.

The TWU expects the case to be heard later this month after negotiations between the group and K&S earlier this year failed to reach a compromise.

ATN contacted K&S Managing Director Legh Winser but he declined to comment.

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COMMENTS (31)

Comment by Unknown

posted 3 months ago

I too work for K&S & agree that the policy is hard to police BUT we've had to do something as SOME drivers treat company vehicles with a "drive it like you stole it" type mentality. These drivers need to be held accountable & yes it does ruin it for the loyal good drivers that may have an error in judgement one day.
And FYI each case is looked at & the outcome decided on individually.
But isnt this like all things?? The bad ruin it for the good?
Welcome to the real world, some might say.

Comment by Unknown

posted 3 months ago

I drive for K&S and they do pay the same money as the big mob [being there]. Most of the staff and drivers do their best to do the right thing, but we all have bad days dont we? I have only being in the industry for 30 years but this mob is close to the worst with management I have come across. I drive a double through Brisbane every work day and haven't put a mark on it yet. But one day I might and when they give me the bill I will say drive it yourself if you think you can. Just because you can buy trucks does not mean you can handle one, does it? I can also tell you nearly all K&S drivers will walk away without damages being paid,and if they do pay they are mugs.

Comment by 16775332

posted 5 months ago

I'm just so absolutely gob smacked by the discussion K&S have started. Most of us know the difference between abuse of equipment and a fair go. Lets take leaving gates and equipment behind at delivery sites etc. I only WISH to heck that all the complainers about K&S go about writing as energetically to their members of Parliament to complain about the gross unfairness of the fines being directed to drivers and operators for minor offences. Seems to me we worry about a few hundred or even a thousand or so for equipment or damage but tolerate fines of several thousands over a period of time for non safety minor Work Diary offences. Doesn't make sense of to me that we complain about the wrong thing and let the Shiny Bums get away with stupidity.

Comment by Unknown

posted 5 months ago

If you people are complaining about how your drivers treat your equipment then maybe you should stop paying peanuts and you won't get monkey's. My husband looks after his truck to the point where you could eat off the floor. Accidents do happen, if it happens constantly then you should be asking why? Don't penalise the driver who does the right thing. Are doctors going to pay if the kill someone? Are teachers going to pay if they don't do their jobs and a student fails? I DON'T THINK SO. We need to stop treating truck drivers like second rate workers a little respect both ways will go a long way to help.

Comment by Unknown

posted 6 months ago

once again all truck drivers grouped as a bunch. not all are 100% profesinal ; not all completely useless

Comment by Unknown

posted 7 months ago

I believe the drivers at K and S have a choice. They can pay for the damages or resign.
What is wrong with this? they can always resign and go and f**k someone elses gear. I am sure though that the average dumb ass driver would still find this unfair.

Comment by Unknown

posted 7 months ago

Who gets the tax deduction, the employee? Or k&s. Could be some dodgee business going on !

Comment by Unknown

posted 7 months ago

If negligent behaviour must be repaid how about Lee Windsor repay the few million dollars he signed for and was lost.GROSS NEGLIGENTS ON HIS PART.
What about the discrimination in that a forklift can hit a stationary truck and the opperator not have to pay but the truck hit a forklift and the opperator has to pay or loose thier job. When all you employers sign over the right for drivers to one vehicle and one driver so that we may take out tax deductible insurance on the said vehicle you can then cover your buts from damage. Till then you will get what you pay for and it WILL be down hill from here.

Comment by Unknown

posted 8 months ago

Good luck K&S your always looking for drivers , I wonder why?

Comment by Unknown

posted 9 months ago

Here's a simple solution to the problem . Drive the truck yourself!

Comment by Jerry

posted 9 months ago

its very simple people ,when you hire drivers get them to fill out a professional drivers accountability and negligence gaurantee that will protect and from negligence damages and any road offences that they can blame on you .it sorts out the dick heads before you hire them
k&s has no policy just a big stick and treats drivers like owner drivers ,which is ,we can do what we like
jerry brown-sarre

Comment by Unknown

posted 9 months ago

Most people go to work to earn a quid and do the right thing by his or her boss and show a bit of pride in their daily duties i do not think many people go out of their to damage trucks or freight Every one is there for the same reason earn a few bob and go home safe and enjoy the fruits of their toil
Terry the truckie

Comment by Unknown

posted 9 months ago

oh dear me gordon who's clacker did u stick your head up to climb the corporate tree if u knew the true storey of k&s sackings u might change your mind a couple of drivers have never had an accident or caused damaged but still they were sacked
terry the truckie

Comment by Unknown

posted 9 months ago

what a great idea ........but can a driver insure someone else's truck?

Comment by Unknown

posted 9 months ago

what a great idea ........but can a driver insure someone else's truck?

Comment by Unknown

posted 9 months ago

Comment by 71809

posted 9 months ago

Good on you K&S...I totally agree with your policy. Why is it that some drivers never have a problem with damages whilst others seem to have a constant problem.Is it lack of concentration or do they just not care??? I favour the latter.With regard to Insurance, we have everything covered but as mentioned its the excess that is the killer not to mention the lost time and income. If anyone out there can tell me how I should budget for these damages/accidents I would be very keen to talk to them. These steering wheel attendants need to step up and take responsibilty for their actions and attitudes and show some professionallism.

Comment by Unknown

posted 9 months ago

At the end of the day, we all should be accountable for our actions, however we have successfully built a society that says otherwise. We also need to be sure that we do not confuse negligence with a genuine accident. Let's face it, accidents do occur from time to time, and one could argue that accidents are in fact casued by neglence. A one off incident, IMHO, has room for chastisement, further training and allowance for the individual to prove themselves. But if they continualy re-offend, then one could assume that they never learnt from the original incident. From this perspective, K&S's policy, again IMO, is just. If however the problem can be contributed to a companies lack of driver/fatigue management or through being pushed, which we all know occurs, then the company needs to be accountable.
Over and above all this, we all need to remember... if a company's costs increase beyond their income, the company will go bust and everyone employed will be affected. Everyone, yardies, drivers and management should ALL be accountable, and consider regularly how their actions will affect all others!
If you are an employer, set your policies up correctly, offer training when required, and chastise when necessary. But never forget your greatest assets are your employees.
Employees, you are paid (regardless of who your employer is) to perform your duties competently and efficiently. Do so! If you don't like the conditions under which you are employed, then move on! If you stay, then deal with it.
This is a great industry, and one that supports the global community through the vital service it provides. It's about time we ALL got our S#!T together, put our prejudices, whinging, arrogance and greed aside and got on with the job. Is it any wonder we can't attract newcomers to this game!
Oh yeah PS, I'm an employee! In case you were wondering.

Comment by Gordon

posted 9 months ago

I agree with the K & S Policy. We ar epaying drivers to be professional yet some take no responsibility. We as management are responsiblefor our actions yet this minority of drivers are not. Most of us in operations or management are ex drivers so we are aware of the difficulty but I can assure you when I was driving I DID pay the excess if I stuffed up. Same with overloading - my fault - my wallet. Wake up and make everybody get what is lacking now a days - common sense and responsibility!!

Comment by Gordon

posted 9 months ago

Comment by Unknown

posted 9 months ago

I agree with K&S, the ever growing list of small business owners who go with out just to pay for neglect. Everyone goes on about our duty of care but these people have be accountable for their actions. Mr Sheldon, I have a $5000.00 bill for repair to the cab of my truck from a driver who was rushing backward talking on his personal mobile phone to his wife and then smashed into a building. Please send me your ABN and Address I will send you the bill after all this is the people you represent, shouldn't you be taking responsibilty for their actions!!!

Comment by Unknown

posted 9 months ago

Try being a sub contractor with Toll Priority. Its always your fault, you lose regardless of fault. They don't tolerate any what ifs? And every time its on your sub contractor insurance or go home no work for you today till you rethink your attitude. Seen many real blatant shocker cases of when its thier management or full time company paid employees are at fault. Who bats for sub contractors rights.

Comment by Unknown

posted 9 months ago

I agree with K&S'S policy, if drivers are not happy with this policy its a free country go and work for a transport company that dosn't mind them damaging there trucks. making the drivers accountable for there negligence, may get them to put thier brains into gear befor they put our trucks into gear

Comment by Unknown

posted 9 months ago

Maybe a policy like the one implemented at K&S tells you something about their management capability? The Union has a right to defend its' members whether it is right or wrong.

Maybe we should take a step back and look at what we're doing - this shit was happening 30 years ago, and even before I was born. Why don't you contact FAIDSAFE; let them look at your rosters for sleep debt recovery and at the same time implement policies like drug and alcohol, due process policies etc before you loose your staff and capability to support your customers.

Comment by Unknown

posted 9 months ago

I totally agree with the hole lot drivers need to be accuntable for the damge they do and if they where as good as they say they are it would not be a problem. go K&S dont let the twu stand in your way

Comment by Unknown

posted 9 months ago

They are probably over Tired from being Pushed.
Sound Familiar.

Comment by Unknown

posted 9 months ago

Well solve all your problems drive the trucks yourselves then you wont have anything to complain about,maybe if you treated your staff better they would give a stuff its the old story pay peanuts you get monkeys

Comment by Unknown

posted 9 months ago

Try an incident where a driver drove a 19 mtr double onto a weighbridge at an angle and took out both outside A trailer alloy rims and tyres and still managed to drag the B trailer onto the entry and do a wheel and tyre on that trailer. How can you justify dragging something an extra 8 mtrs and not notice. Add insult to injury the tyres were new and fitted the week before. There must be accountability but drawing the line between reasonable circumstances and pure driver neglect like 16624578 is difficult. Then do we blame the legislators for making the transport industry the victims of over kill in laws driving the experienced from the industry and leaving us with the gunna's that know bugga all and drive the same way yet expect the cream of the crop in gear to drive.

Comment by Sue

posted 9 months ago

Yes Hughie we are covered by Insurance
but if a driver causes damage to Company vehicles, he should be made to pay our Insurance Excess. A prime mover excess is on average $3000 just before insurance will look at any costs. When you have a few of these a year, (ie) trailer damages etc, we are always out of pocket. So YES - they should be made accountable - even if they are made to pay our EXCESSES.

Comment by Sue

posted 9 months ago

Don't even start me on how drivers treat our trucks! Bent axles, bent bullbars, changes lights to different colours when their mood changes & gives us the receipt to pay for them, ripped seats, loses curtains (how do you do that???) etc etc etc. The worst part is when you question them they spit the dummy big time!!
Whilst they are a necessity, you are right comment 16624578 - HOW MUCH DO WE HAVE OR - SHOULD WE HAVE TO TAKE BEFORE THEY ARE ACCOUNTABLE FOR THEIR ACTIONS???? It's hard enough for us with fuel/regulations/superannuation etc.....

Comment by 16624578

posted 9 months ago

I totally agree with K&S'S policy we should be able to deduct if a driver is negligent, as our driver in the past month has ripped out his airlines, lost his radiator cap, left his loadbinder bar on trailer, forgot to wind up his trailer legs and bent the legs and to top this off steaked a tyre. HOW MUCH SHOULD YOU TAKE!

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