The impacts of the new Closing Loopholes No2 Act have been immediately felt across all areas of the transport industry. In the weeks since the new legislation came into effect three groundbreaking applications have been made to the Fair Work Commission (FWC) on behalf of transport workers across key new-age employment areas, with the new Road Transport Advisory Group (RTAG) set to play a huge role in reshaping workers’ rights within an sector that has long been campaigning for a shift in industry standards.
Transport Workers’ Union (TWU) NSW/QLD Secretary Richard Olsen has been selected to sit alongside Victorian Transport Association CEO Peter Anderson on the RTAG, with the pair recently ratified into the roles by Federal Workplace Relations Minister Murray Watt.
The first three applications of the new Closing Loopholes legislation have already made to the Fair Work Commission and revolve around three different areas of the transport industry. To put it simply, they can be separated as pursuing new rights for truck drivers, food and beverage gig workers, and last mile delivery contractors.
Although Anderson and Olsen are the only two people appointed to the RTAG alongside chairperson Ingrid Asbury, there will be more expert voices set to come to the table for the assessment of these – and future – applications.
“The power of this legislation is its focus on industry input,” Olsen tells ATN. “The expert panel of the FWC is tasked with setting standards to make transport ‘safe, sustainable and viable’.
“Balancing the needs of businesses and workers side by side requires the panel to be informed by consultation with relevant participants. Subcommittees will be an essential part of this process.
“It is envisaged that subcommittees will be focused on relevant topics, with key industry representatives called upon to provide their perspectives to a report that will inform the expert panel.
“Transport is a diverse industry, and one in which drivers have had little say. Headed up by the peak employer association and the union representing employees, owner drivers and gig workers, subcommittees will be balanced to capture a holistic view of the industry and its needs.”
Why, then, is this new legislation so important? It’s already been cited as having taken a “lifetime” to implement by key, long-standing industry professionals, with Olsen’s own TWU colleague National Secretary Michael Kaine labelling it as “the biggest shake-up of the industry in living memory”.
The inception and dramatic growth of the gig economy in both Australia and across the world has changed the face of the transport industry in recent years, with the shifting goalposts necessitating the new laws to hand some parity back to the industry.
Olsen says the Act has brought fairness back to transport.
“This legislation hits the reset button on the transport industry,” he continues.
“Deadly pressures in the industry have compounded over decades of inaction to address the economic squeeze from the top of supply chains, and the influx of the gig tsunami has brought exploitative competition and dragged down standards.
“Decades of research have shown the link between low pay and poor safety outcomes. When operators and drivers are squeezed, they’re pressured to skip or delay vehicle repairs, stay on the road too long, speed, or skip rest breaks. This legislation has several lifesaving and lifechanging benefits.
“It provides a voice for the industry where workers and businesses alike have a say on standards, it levels the playing field and creates a market based on fair competition, it’s created a system for all with owner drivers and gig workers joining employees in having access to the Fair Work Commission, and it provides accountability to those at the top of contract chains.
“We aim to get to work without delay to ensure the in-depth consultation process works as it should and critically urgent standards are set and implemented in as short a timeframe as possible.”
Olsen brings almost three decades of experience in campaigning for and implementing transport worker reform to the expert panel and, during his time as TWU President helped drive game-changing flagship agreements with some of the largest gig companies operating in Australia.
That experience in campaigning for a strengthened gig economy could come into immediate effect for Olsen, with one of the initial applications to the RTAG focused on implementing a safety net on pay and entitlements for food and beverage workers.
He says he’s looking forward to putting all his experience into continuing to progress standards within the industry.
“The concerns and interests of transport workers have been my focus for more than 25 years at the TWU, including eight as secretary of the largest branch,” he says.
“During this time the TWU NSW branch has secured world-first standards for Amazon Flex drivers in NSE, achieved and protected a safety net of cost recovery rates for owner drivers, and negotiated industry-leading terms and conditions for transport employees across major transport operators.
“During my tenure as TWU President the union achieved groundbreaking in-principal agreements with gig companies Uber, DoorDash and MenuLog, and brought more of the industry to the table for transport reform.
“I look forward to putting nearly three decades of experiences to use to lift standards across the industry.
“We expect the expert panel of the FWC to refer to the applications to the RTAG to commence consultation over the coming weeks and months.
“The findings of the subcommittees will be reported back to the expert panel to inform their decision on standards.
“While commentary on the applications will be sought, input will also be sought on some of the finer details.
“This consultation process will be critical in informing the decision of the FWC to ensure the best possible chance of success.
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