November 19, 2019

Legal Changes for the Forgotten Transport Workers

Today, we are a significant step closer to recognising the transport workers forgotten by government legislation in NSW.

Currently, drivers who carry bread, milk or cream for sale are under legislation that neglects them, making them exempt from protections provided to other transport workers under Chapter 6 of the NSW Industrial Relations Act.

The legislation reflects a different era, a different delivery business compared to today.

Paul Clapson, has previously told the TWU how the company, Tip Top, utilised those legislated exemptions,

“We’re working long hours six and seven days a week and Tip Top are cutting our rates. At the same time, costs and overheads are going up. We don’t have any legal rights. You feel pushed just to get the job done”.

Two Members of Parliament in NSW, Adam Searle, the Shadow Minister for Industrial Relations and Greg Warren, Shadow Minister for Western Sydney are leading the charge with the TWU to reverse the neglect.

Late last week NSW Labor was successful in having new laws to protect delivery drivers pass through the Legislative Council.


Now we need the NSW Premier and all members of the NSW Parliament to take a stand, pass the legislative changes and ensure all transport workers get a fair go.

If the proposed legislation changes become law then in NSW, drivers like those who deliver bread for Tip Top will be able to access the provisions of Chapter 6 of the Industrial Relations Act.

Owner-Drivers covered by Chapter 6 receive powers to approve and enforce bargaining agreements.

Owner-Drivers can access the Industrial Relations Commission to remedy unfair termination and industrial disputes and drivers receive the power to fight for compensation for loss of goodwill.

As transport workers, the Industrial Relations Commission and Chapter 6 are important tools for each of us in fighting injustice in the workplace.

Currently this right is not available to those driving bread at Tip Top or other owner-drivers who carry bread, milk or cream for sale.

Adam Searle and Greg Warren, sum up why this is important,

“The inherent danger and risk involved in truck driving is precisely why it is so important that all truck drivers have strong, rigorous industrial rights and protections.”


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