Can owner drivers have a say in new industry rules?

The situation

I have been working as an owner driver here in Victoria for about eight years now, operating my own small delivery van. Since January of last year, I have noticed a lot of talk about the government introducing new minimum standards and rules regarding how contractual chains work in the road transport sector. I am worried these new regulations are going to change my entire business model and how I get paid. Last month, I attended a local transport meetup where someone mentioned that there might be a special group or committee that looks into these specific issues to make sure they are fair. I tried calling my local industry association to see if they were involved in these discussions, but they just told me to keep an eye on the news. I am really confused about whether there is actually a way for people like me—small business owners who actually drive the trucks—to have a seat at the table when these rules are being made. Is there a formal way for a group of owner drivers to be included in the advisory process so our voices are heard before these big changes are finalised?

Detailed Analysis

Under the Fair Work Act 2009, there is a formal structure designed to include people in your position. The Road Transport Advisory Group is responsible for advising the Fair Work Commission (FWC) on industry matters, including the creation of 'road transport minimum standards orders' (rules that set industry standards) and 'road transport contractual chain orders' (rules regarding how work is passed down through different businesses).

Because you are concerned about how these new rules will change your business model and pay, you fall under the protections of Section 40G. The law states that the Road Transport Advisory Group "must establish a subcommittee under subsection (1) of which a majority of the members are owner drivers or representatives of owner drivers" if the proposed rules "will cover owner drivers" or if the FWC's actions "will have an effect upon owner drivers that is more than minor or technical"^[1]. This means that for the specific changes you are seeing in Victoria, there should be a group where most of the voices are actually coming from people who drive the trucks.

Furthermore, if the FWC decides to make a 'minimum standards order' (a set of rules for workers), they cannot do so without "genuine engagement with the parties to be covered"^[2]. They are also required to ensure that "affected entities have a reasonable opportunity to make written submissions"^[3]. This means you or your industry association can formally submit your views in writing to the FWC.

It is currently unclear how the subcommittee members are selected or how you personally can apply to join one, as the provided sections do not detail the application process for subcommittee membership.

Statutory Citations

Related Questions

• Can I have a say if the Privacy Commissioner makes new rules for companies?
• Will the new higher fines apply to my business if the mistake happened last year?
• Can I report a board member for making inappropriate comments about my gender during my licence renewal?
• Does the new road transport law apply to my small courier business in Victoria?
• How can I get more information about my privacy rights and help change the rules?