Western Australian Industrial Relations Commission

Standing while owner-driver contract not on foot

The Road Freight Transport Industry Tribunal found that it has jurisdiction to deal with disputes under or in relation to owner-driver contracts, even when the owner-driver contract is no longer on foot. 

The Chief Commissioner noted that the Owner Driver (Contracts and Disputes) Act was meant to address the inequity in bargaining positions between owner‑driver contractors and their hirers.  The Tribunal found that the Act is ‘beneficial legislation’, and therefore it should be given a ‘fair, large and liberal’ interpretation to give effect to its purpose.  A literal interpretation would frustrate Parliament’s intention, so the Act should be read in context.  

The Tribunal will now convene a conciliation conference, to see if the dispute can be resolved. 

The decision can be read here.

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : Registry

 

You are here: Home > News > Standing while owner-driver contract not on foot