At the very least you need to earn the same as an employee if they were doing your work. The TWU is continuing its fight for safe rates and the establishment of a National and State based Tribunal that can set rates for owner drivers that are fair.
The rates you need to charge to the hirer to take home a fair rate of pay depend upon your fixed and variable costs which in turn depend up the size and configuration of the truck or van that you own. Our website has an owner driver survey that you can complete that provides a ready reckoner to guide you as to a fair rate of pay for your vehicle.
In Queensland the relationship between owner drivers and those that hire them is governed mainly by the common law and in particular, the law relating to contracts. The contract will set out the important terms and conditions of engagement including the term of the contract, when and how the contract will come to an end, rates of pay and payment terms, penalties for non performance or poor performance etc and dispute resolution.
The trouble is that most of the time the hirer will not negotiate over the terms of the contract. However, some groups of owner drivers with the assistance of the TWU have managed to get a better deal through collective bargaining.
To engage in collective bargaining owner drivers must obtain an exemption from the provisions of the Competition and Consumer Act through the ACCC. The TWU has successfully applied for exemptions for groups of owner drivers working in the concrete industry, car carrying, and the courier industry. Under the Independent Contractors Act there are some very limited protections against unfair contract terms and unconscionable conduct but for the most part owner drivers must look to their contract to determine their rights and obligations.
Where contracts are breached by hirers it is up to the owner driver to enforce their rights in a Court of law sometimes after independent mediation. That can be a very expensive exercise. The TWU is fighting to establish a State based system for the resolution of disputes between owner drivers and hirers. We want the system to be accessible, inexpensive and free from legal technicality. The TWU cannot fight for safe sustainable and fair rates of remuneration and accessible and cheap dispute resolution processes for owner drivers unless owner drivers themselves are willing to join the fight.
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