WHAT ARE THE REFORMS?
The reforms finally bring Chapter 6 into the 21st century, with common-sense changes that will help small businesses, owner drivers and gig workers. Just a few of the changes include:
• the removal of archaic exclusions for protections, such as the delivery of milk and bread, and modern gig workers;
• making changes that allow the IRC to resolve disputes and make binding contract determinations for owner drivers with up to three vehicles, and
• giving the IRC more power to resolve disputes, including through issuing interim determinations.
The reforms passing into law, with broad support in the Parliament (and the shameful exception of the Opposition) was only possible after a lengthy, relentless campaign – one that was started by TWU members and leadership almost 15 years ago and led us to this historic day.
C6-Day: Passing Major Transport Reform
The day the bill was introduced to Parliament, owner driver and gig worker delegates, led by State Secretary Richard Olsen, rallied out the front of Macquarie St in their vehicles, sending a clear signal to let all politicians know the TWU always turns out in force.
The following week, we descended on Parliament with a contingent of members and set-up shop in one of the Parliamentary meeting rooms. Throughout the day, we had members from the Labor party, Greens, and Shooters, Fishers and Farmers drop by to offer their support. It became clear that these common-sense reforms were going to have broad support, even if the Opposition opposed them.
Final visits by Sophie Cotsis, the Treasurer Daniel Mookhey and the Deputy Premier Prue Car and Premier Chris Minns made it known that the Government intends to keep its promises to Transport Workers.
The passing of the bill came to much fanfare, with Assistant-secretary Nick McIntosh and State President Tony Matthews leading the charge out of Parliament to celebrate.
The Transport Workers’ Union will always fight for outcomes for our members, across the sector. Chapter 6 is but one fight we’re carrying to make sure transport workers get fair pay and conditions.
“The changes to Chapter 6 are long fought-for reforms that give owner drivers some much needed protections and finally acknowledge the role that gig workers play in the NSW economy. The Transport Workers’ Union has been relentless in our advocacy, and I’m pleased that the Minns Labor Government has kept its promise.”
– State Secretary Richard Olsen
“The leadership of the Transport Workers’ Union have been relentless in pursuing this kind of change, and I hope it gives you enormous satisfaction to see this legislation make it through the Parliament.”
– NSW Premier Chris Minns
“The reforms to Chapter 6 stood up to scrutiny and enjoyed broad support. The worker protections detailed in the bill will help bridge the gap between the federal legislation passed by the Albanese Government and the existing Industrial Relations act, while also finally getting rid of archaic exclusions for protections, like to drivers delivering bread or milk. These reforms have been a long time in the making and I’ve been pleased to discuss them with members face-to-face. It’s important to remain vigilant to make sure worker protections remain in place.”
– Assistant State Secretary Nick McIntosh
HOW DID WE GET HERE?
Although Chapter 6 had been updated and maintained periodically since its introduction into law over 60 years ago, it had not received substantial reform for almost 30 years.
As the transport industry evolved, it became obvious that it was no longer up to scratch, and transport workers, owner drivers, and workers from the emerging gig economy were being left behind.
Among other glaring issue was the fact that the legislation did not recognise the major changes to the structure, operations and market arrangements in the road transport industry, such as road transport increasingly becoming a ‘price taking industry’ with major clients at the top of contractual chains, who enjoyed the bargaining power to effectively dictate rates and conditions to even the largest transport operator and across the contractual chain.
RELENTLESS
The TWU, along with its members, were among the first to recognise that the changes to the industry would leave workers and small businesses behind if the law wasn’t changed to reflect it.
Ultimately as Premier Chris Minns said to our delegates the day the bill passed, the TWU’s predictions came true.
Then-Opposition MP (Now Industrial Relations Minister) Sophie Cotsis was one of the first MPs to recognise our arguments about the gap in Chapter 6, almost 15 years ago. However, the then government stubbornly refused to reform the Act, even in the face of gig worker deaths.
It took an election promise from the now Minns Government to get the legislative ball rolling. We’re pleased that they kept their election promise to Transport Workers
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