Summary of Actions impacting RSRT Contractor Driver Rates Decision

Members have received a number of emails over the past three or four days providing a range of information in regard the Road Safety Remuneration Tribunal (RSRT) decision and Appeals together with Political announcements having regard to the several reviews of the Road Safety Remuneration System and Tribunal.

In summary the following were the chronological events:

  • The Minister for Employment (Federal Government) Michaelia Cash released the PwC Review of the Road Safety Remuneration System as required under the RSR Act and simultaneously released the Jaguar Report commissioned by the Australian Government over two years ago to inquire into the Road Safety Remuneration System and Tribunal.
  • The Australian Government is seeking views on reforming the Road Safety Remuneration System, presenting options for reform including:
    –   No change to the current system;
    –   Ensuring the Tribunal considers safety evidence and economic impact;
    –   Narrowing the scope of the Tribunal;
    –   Abolish the Road Safety Remuneration System.
  • On Friday 1st April 2016, mid-afternoon Queensland time, the RSRT released its decision on the many applications before it (including the ARTIO/QTA Ltd submissions) seeking delay in the operative date of the 4th April 2016 for the Orders released in December 2015 establishing Contractor Driver Rates.
  • That decision was to reject calls to delay the 4th April implementation.
  • On Friday evening, 1st April 2016, applications were made by several parties to the Federal Court in Sydney and Brisbane seeking a stay of the Tribunal’s decision to commence the operation of the Order on the 4th April 2016.
  • As a consequence Justice Collier of the Federal Court of Australia sitting in Brisbane made Orders to stay the commencement of the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016. (Accordingly the decision of the RSRT will not apply as and from 4th April 2016).
  • Most of the “major” parties to the proceedings before the RSRT have now filed in the Federal Court to be joined in proceedings which will follow in the coming days as a consequence of the stay order which issued on Friday evening 1st April.
  • Substantive legal argument will be required before the Federal Court to determine the extent of the stay and accordingly to determine the future application of the Contractor Driver Rates decision.
  • WARTA/ARTIO will be notified of the basis of the argument to be filed by each party before the Federal Court – – this is a public/transparent proceeding.
  • Members will be advised as soon as is possible of the timing of these proceedings.