ARTIO calls for new direction on driver payments order

Transport companies’ advocate calls for more RSRT research on payments as employers push for KPMG data

ARTIO calls for new direction on driver payments order
Peter Garske seeks a less broad-brush approach.


The Australian Road Transport Industrial Organisation (ARTIO) wants the Road Safety Remuneration Tribunal’s (RSRT’s) approach to the driver payments issue to reflect the complexities of the industry.

The ARTIO’s message comes as the RSRT released 244 documents relating to KPMG research for a report that informed the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016.

In a new submission to the RSRT, it has urged the tribunal to conduct more in-depth industry research rather than continue with the less nuanced approach it says is reflected in the draft order.

"The broad brush simplistic attempt to fix a minimum rate for Contractor Drivers in the terms of this draft Order does not adequately address market variables and the implications for supply chain parties," the submission, signed by ARTIO national secretary/treasurer Peter Garske, states.

The organisation joins the Australian Industry Group (Ai Group) and Australian Business Lawyers and Advisors (ABLA) in raising concerns on jurisdiction and conflict with laws under the Competition and Consumer Act 2010 (CC law).

"Prima facie, the CC law implications raised are serious issues that will have a significant impact on the members of ARTIO and accordingly ARTIO cannot support the making of an Order until the Tribunal is satisfied it can diminish competition without specific legislative exemption and that operators can apply the Order without breaching CC laws," the ARTIO states.

"ARTIO and its members require assurance in relation to these jurisdictional issues and believe that these matters ought to be prioritised and determined separately.

"ARTIO submits that these issues go to the heart of any RSRO and these issues ought to be clarified before the substantive contents of the draft RSRT are progressed any further.

"In our view, resolving these jurisdictional issues would settle the parameters of an Order, narrowing the issues so that parties can focus on provisions that can correctly be contained within an Order."

The RSRT’s document release, which can be found here, follows trenchant criticism of KPMG’s report from employer and business groups and a request for the basis of KPMG’s report from the Retail Council and ABLA which represents Australian Business Industrial and the NSW Business Chamber.

A KPMG spokesman says the company does not comment on work done for clients and would not be drawn on criticism of its work on the report.

ATN is awaiting a response from the ACCC, the Retail Council and ABLA.

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