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Conciliatory owner-driver Act compliance approach pledged

Victoria agrees to NatRoad call for education before enforcement

 

The National Road Transport Association (NatRoad) reports the Victorian government has agreed to take a softer approach to enforcing the amended Owner Drivers and Forestry Contractors (ODFC) Act.

NatRoad’s request to industrial relations minister Tim Pallas to delay the enforcement of changes that came into force from May 1, has been granted, with the Wage Inspectorate Victoria to take an initial educative approach to compliance.

NatRoad says the Inspectorate will give priority to the provision of information and education and voluntary compliance rather than litigation. 

That approach will likely end when a comprehensive information campaign, which is to be rolled out soon, has concluded.  

Pallas reportedly advises that hirers and freight brokers found to have breached statutory obligations before December 1 will not be subject to litigation action and will instead receive a formal warning.


How the owner-driver Act passed parliament, here


“We appreciate the Victorian Government’s commitment in putting education first,” NatRoad CEO Warren Clark says. 

“That will assist those who engage owner drivers in Victoria from avoiding a fine where they haven’t complied with the Act’s administrative requirements. 

“The biggest educational step that the industry needs to be aware of is the need for written contracts. 

“NatRoad has geared up to assist here but the effects of the current pandemic mean that getting work is a priority for members rather than ensuring, for example when they subcontract work to an owner driver that all the administrative ducks are lined up. 

“We appreciate that the Victorian Government will conduct an education campaign before the enforcement of these obligations occurs.” 

The changes that have been introduced from May 1 include new penalties of more than $4,000 (or more than $800 for an infringement) for providing non-compliant contracts, failing to give the required notice or payment in lieu for termination of an engagement, failing to provide information booklets or failing to provide schedules of rates and costs in relation to tip truck drivers and other owner drivers. 

 

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