Since the 1990s, labour hire services have become an important feature of the Australian labour market for the management of labour costs and seasonal economic forces. Their use has become increasingly prevalent throughout a multitude of Australian industries, particularly the construction and transport industries.
Just because a liquidator asserts you have received an unfair preference, does not necessarily mean you have or that there are no potential defences available to you.
The Labour Hire Licensing Bill has been passed by Queensland Parliament, introducing a mandatory licensing regime for the labour hire industry. The new regime is expected to commence in 2018 (though a formal commencement date is yet to be proclaimed). The new regime will significantly affect transport operators that use internal labour hire arrangements.
In a recent New South Wales Local Court decision, a multi-national waste and recycling company was ordered to pay $732,206 in fines and $250,000 in legal costs for a series of overloading offences. The case highlights the potential legal risks faced by consignors under the chain of responsibility regime.
Transport companies enter into a variety of contractual arrangements with drivers. In many cases, it can be difficult to determine whether a particular driver is an employee or a subcontractor. Just because the driver is called a subcontractor does not mean they actually are one.
In May 2017, Australia’s transport ministers approved recommendations to change investigative and enforcement powers under the Heavy Vehicle National Law. If the recommendations are passed by Parliament, the National Heavy Vehicle Regulator and its enforcement officers will have an armoury of new powers to inspect fleets of vehicles, gather documents and information, and issue prohibition notices.
From 1 September 2017, all businesses will be subject to a ban on excessive payment surcharges, limiting what businesses can charge customers for use of credit or debit cards. While this ban has been in place for large businesses since 1 September 2016, the ban will soon apply to all businesses that impose surcharges on credit or debit card payments.
The recent case of Environment Protection Authority v Hill; Environment Protection Authority v Stockwell International Pty Ltd [2017] NSWLEC 72, illustrates the importance of developing and adhering to strict work procedures when transporting dangerous goods.
Many transport operators have corporate structuring arrangements in place that involve internal labour hire.
From 1 July 2017, all employees paid under a modern award or paid the national minimum wage will be entitled to a pay increase.
The recent case of M Webster Holdings Pty Limited (administrators appointed) v Specific Freight Pty Limited [2017] FCA 269 illustrates how a transport provider can become ‘the meat in the sandwich’ when a consignee of goods becomes insolvent.
After various media reports of tow truck operators engaging in unscrupulous practices, the Queensland government has announced a three-month inquiry into the tow truck industry to be headed by retired District Court Judge Michael Forde. The investigation will advise the Minister for Main Roads and Road Safety on various matters, including whether: