A model contract has been developed by the Transport Industry Council, which will ensure a fair contract is available to owner drivers negotiating work.It is common for owner drivers to be simply presented with a completed contract that the company refuses to vary and are offered work on a take-it-or-leave-it basis. The model contract will provide owner drivers with a platform from which to negotiate, particularly with the Union nominated as their negotiating agent.
Under the new Act, all owner drivers engaged for work that is of no fixed duration or for more than 30 days must have a written contract. The written contract must state:
The guaranteed minimum number of hours of work or income level that the owner driver will receive;
Set out the rates to be paid to the owner driver; and
Set out the minimum period of notice of termination of the engagement (complying with the minimum notice periods under the Act).
The model contract can be varied to take into account particular features of work in an industry sub-sector, and owner drivers should contact their TWU Organiser to discuss their contract.