Call to delay minimum pay order for contract truckies

NSW’s peak business body has urged the federal government to delay a road safety remuneration order that introduces minimum rates of pay for contract truckies, arguing businesses need more time to understand the complexities.

Background


Established in 2012 by the former Labor government, the Road Safety Remuneration Tribunal has the power to make road safety remuneration orders (RSROs). These orders aim to address the economic incentives, pressures and practices that contribute to unsafe work practices in the road transport industry.


In December, last year, the tribunal issued an order on minimum payments for contractor drivers.



The Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (2016 RSRO) is due to commence on 4 April 2016 and will, for the first time, set national minimum payments for certain contractor drivers in the road transport industry, specifically drivers involved in: the distribution of goods destined for sale or hire by a supermarket chain, or
long distance operations in the private road transport industry. The order also imposes requirements on the hirers of those contractor drivers and participants in the supply chain.

‘Industry needs more time’


According to Stephen Cartwright, CEO of the NSW Business Chamber, the order will create a huge disruption to the trucking industry and supply chain.



“The decision introduces, for the first time ever, national minimum rates of pay for owner drivers. It also imposes complex contractual and auditing obligations on supply chain participants”, he said.

“The industry needs more time to come to terms with the order. “

“The order itself is incredibly complex: there are more than 2000 different hourly and kilometre rates in the order, and working out whether the order applies to your business and which rate applies to a particular trip is almost impossible. It’s just ridiculous.



“I’ve heard reports of people who have called the Fair Work Ombudsman looking for help, only to be told they were not aware of the order and referring them back to the Road Safety Remuneration Tribunal, only to be sent back to the Ombudsman again.


“The Ombudsman has recently changed key information on a ‘checklist’ on its website, and there is a real concern that the revised information is actually wrong.


“The Chamber has already written to the Ombudsman to seek further clarity on its interpretation of a key part of the legislation.”

Payments calculator not yet available


Appearing on behalf of the NSW Business Chamber in this matter was Australian Business Lawyers and Advisors whose chief executive, Nigel Ward, believes the necessary help is not being provided to affected businesses.


“The Tribunal said that it would release an ‘online payments calculator’ to assist businesses to understand their obligations, but the calculator has still not been released, despite the rates coming into effect in less than six weeks,” Mr Ward said.



“There is also a concern that the regulation will hurt those it is meant to be helping. One truck driver is so worried that the order will price owner-drivers out of the market that he has created a petition calling for a six-month delay to the order’s commencement. More than 500 people have signed the petition so far.”


By James Harkness


This article was originally posted on Workplace OHS a part of NSW Business Chamber – Australian Business Consulting and Solutions has a dedicated team of WHS/OHS experts who can assist you with your specific WHS/OHS issues and problems.

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Zenergy News

By Dean Woods • November 3, 2026
Welcome to Take 5, Zenergy's five-minute scan of what's moving in Australian workplace health and safety, workers compensation, and people and culture. This week: Victoria puts a date and a dollar figure on on-the-spot fines, the Fair Work Commission's generative AI rules take effect, and Safe Work Australia's annual data lands with a confronting headline number. 1. Victoria locks in on-the-spot fines for falls and SWMS breaches From 31 March 2027, WorkSafe Victoria inspectors will be able to issue infringement notices — on-the-spot fines — under the Occupational Health and Safety Amendment (Infringement Offences) Regulations 2026. The confirmed offences: failing to use a control measure for a fall risk (up to $2,091 for a company, $418.20 for an individual), starting high-risk construction work without a Safe Work Method Statement, and failing to keep a SWMS or required fall-risk records readily accessible (up to $1,254.60 for a company). 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Sources: WorkSafe Victoria — New infringement notices for falls and high-risk construction work offences (worksafe.vic.gov.au/new-infringement-notices-falls-and-high-risk-construction-work-offences); Premier of Victoria media release, 21 October 2026 (premier.vic.gov.au/labor-brings-spot-fines-unsafe-worksites); Safe Work Australia — New workplace exposure limits (WEL) to apply from 1 December 2026 (safeworkaustralia.gov.au). 2. Key dates: Movember and the Australian Workplace Health & Safety Awards Movember runs all month, putting men's health — mental health and suicide prevention, prostate and testicular cancer — on the agenda. It's a natural fit for safety teams in male-dominated industries: 93% of the workers who died at work in 2025 were men (Safe Work Australia). A toolbox talk, a fundraising crew or a wellbeing check-in all count. 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Apply via the Zenergy job board —for a confidential conversation call the team on 1300 333 400 Hiring HSE talent, or weighing your own next move? Talk to a Zenergy consultant — 20 years of trusted partnerships across every level of HSE leadership. Visit zenergygroup.com.au.
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