Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I move government amendment (2) on sheet RE403:

(2)    Page 137 (after line 3), after clause 140, insert:

140A Terms for long distance transport employees

                 A modern award may include terms relating to the conditions under which an employer may employ employees to undertake long distance transport work.

The government amendment will introduce a new clause 140A into the Fair Work Bill that will enable modern awards to include terms relating to the conditions under which an employer may employ employees to undertake long-distance transport work. This amendment is sought in order to permit the Australian Industrial Relations Commission to provide for the continued operation of certain provisions of the New South Wales Transport Industry Mutual Responsibility for Road Safety (State) Award, if after hearing from the parties it is minded to do so.

I place on the public record that we will amend the award modernisation request to make it clear that the Australian Industrial Relations Commission can include safety net terms where they exist—that is, in New South Wales—but not otherwise. I understand that it is not intended that this provision allow duplication of any other state safety net law to be included in modern awards. I place on the record that the minister’s award modernisation request will make this clear. The provisions currently contained in the New South Wales award cover the following matters: safe driving plans, transport operators who undertake long-distance work, single journey or series of journeys in one shift of more than 500 kilometres, and development of a safe driving plan that minimises fatigue and facilitates the safe conduct of the work task. All parties in the supply chain have a responsibility to adhere to the plan and monitor compliance.

In addition, all transport operators must develop and implement a written drug and alcohol policy that prevents occupational use and addresses the health and welfare of persons found to be using drugs. Also, all transport operators must ensure that all employees and contractors have been trained in occupational health and safety practices through the blue-card training program. This amendment reflects concerns that industry-specific health and safety measures that are currently in the longstanding New South Wales award may not be included in a modern award dealing with long-distance transport. To be clear, if this amendment is not passed, the important protections that exist for road transport drivers in New South Wales will cease to apply.

There have been numerous inquiries and reports that clearly demonstrate the need for specific protection for employees in the long-distance driving sector. For example, the comprehensive Quinlan report into the long-haul driving sector in New South Wales found that a strong link existed between drivers’ tight schedules and payment at delivery time, and bonuses or penalties and rates of chronic injury. In fact, over 23 per cent of drivers reported a chronic back injury and the incidence of dangerous driving practices such as excessive hours. The National Transport Commission reports similar disturbing figures, including that around 330 people are killed each year in crashes involving heavy vehicles and that around 16 per cent, or 52, of those killed are the drivers of heavy vehicles. In addition, crashes involving heavy vehicles are estimated to cost around $2 billion a year out of a total of $15 billion in costs of road crashes. According to the Australian Safety and Compensation Council, the transport industry has the largest number of compensated fatalities of any industry. The commission is also subject to the government’s award modernisation request, including the requirement that there be no increase in costs.