Road Safety Remuneration Amendment Regulation 2013 (No. 1)
 
Select Legislative Instrument No. 183, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Road Safety Remuneration Act 2012.
Dated 25 July 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
William Richard Shorten
Minister for Workplace Relations
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Road Safety Remuneration Regulation 2012                                                        2
 
1  Name of regulation
                   This regulation is the Road Safety Remuneration Amendment Regulation 2013 (No. 1).
2  Commencement
                   This regulation commences on 1 August 2013.
3  Authority
                   This regulation is made under the Road Safety Remuneration Act 2012.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Road Safety Remuneration Regulation 2012
1  Paragraphs 1.4(a), (b) and (c)
Repeal the paragraphs, substitute:
                     (a)  Heavy Vehicle (Adoption of National Law) Act 2013 (NSW);
                    (aa)  Work Health and Safety Act 2011 (NSW);
                     (b)  Heavy Vehicle National Law Application Act 2013 (VIC);
                   (ba)  Occupational Health and Safety Act 2004 (VIC);
                     (c)  Heavy Vehicle National Law Act 2012 (QLD);
                    (ca)  Work Health and Safety Act 2011 (QLD);
2  After Part 2
Insert:
Part 3—Approval of certain collective agreements involving contractor drivers
  
3.1  Code of conduct for collective bargaining for road transport collective agreements
                   For subsection 33(3) of the Act, Schedule 1 prescribes a code of conduct in relation to collective bargaining for road transport collective agreements.
3  Part 6 (after the heading)
Insert:
6.1  Functions of the Tribunal
             (1)  For paragraph 80(e) of the Act, each of the following is a prescribed function of the Tribunal:
                     (a)  to deal with a dispute between parties negotiating a road transport collective agreement if:
                              (i)  the dispute relates to remuneration or a related condition that is proposed to be included in the agreement; and
                             (ii)  the remuneration or related condition could affect whether a driver works in an unsafe manner; and
                            (iii)  a party to the negotiations has requested the Tribunal to deal with the dispute;
                     (b)  to deal with a dispute about whether a party negotiating a road transport collective agreement has conducted itself in accordance with a code of conduct prescribed under subsection 33(3) of the Act;
                     (c)  to provide assistance to parties negotiating a road transport collective agreement if:
                              (i)  a party to the negotiations has made a request to the Tribunal for assistance; and
                             (ii)  the request does not relate to a dispute mentioned in paragraph (a) or (b); and
                            (iii)  by assisting the parties the Tribunal would facilitate bargaining between the parties;
                     (d)  to deal with a dispute between a contractor driver and participating hirer about an approved road transport collective agreement if:
                              (i)  the contractor driver provides applicable services to the participating hirer; and
                             (ii)  the dispute relates to remuneration or a related condition in the agreement; and
                            (iii)  the remuneration or related condition could affect whether a driver works in an unsafe way; and
                            (iv)  a party to the dispute has requested the Tribunal to deal with the dispute.
             (2)  The Tribunal may:
                     (a)  deal with a dispute mentioned in paragraph (1)(a), (b) or (d) in the following ways:
                              (i)  by mediation or conciliation of the dispute;
                             (ii)  if the dispute is of the kind mentioned in paragraph (1)(a) or (d)—by making a recommendation or expressing an opinion about whether the proposed remuneration or related condition could contribute to unsafe work practices;
                            (iii)  if the dispute is of the kind mentioned in paragraph (1)(b)—by making a recommendation or expressing an opinion about whether a code of conduct prescribed under subsection 33(3) of the Act has been complied with;
                            (iv)  if each party to the dispute agrees—by arbitrating (however described) the dispute; and
                     (b)  provide the following assistance under paragraph (1)(c):
                              (i)  make a recommendation or express an opinion about the proposed road transport collective agreement;
                             (ii)  mediate between the parties;
                            (iii)  provide conciliation to the parties;
                            (iv)  if each party to the negotiations agree—arbitrate (however described) a dispute between the parties.
             (3)  Paragraph (1)(d) applies whether or not the contractor driver was a participating driver during negotiations of the approved road transport collective agreement.
             (4)  A function mentioned in subsection (1) is to be performed by a dual FWC member of the Tribunal.
4  Section 6.1
Renumber as section 6.2.
5  At the end of the regulation
Add:
Schedule 1—Code of conduct for collective bargaining for road transport collective agreements
Note:       See section 3.1
  
  
1  Object of code
                   The object of this code is to facilitate effective and efficient collective bargaining for road transport collective agreements.
2  Definitions
                   In this code:
bargaining representative means a representative appointed under subclause 3(1).
negotiating group means a group of contractor drivers involved in negotiating a road transport collective agreement.
3  Bargaining representatives
             (1)  A participating hirer, contractor driver (who is part of the negotiating group) or negotiating group may appoint a bargaining representative to represent or assist them during bargaining for a road transport collective agreement.
             (2)  If an industrial association is entitled to represent the industrial interests of a party, the party may appoint the association as a bargaining representative under subclause (1).
             (3)  The actions of a bargaining representative are taken to be the actions of the party the representative is appointed to represent.
             (4)  If a bargaining representative is appointed by a party to the negotiations, the party must notify the other parties involved in the negotiations as soon as practicable after the appointment is made.
             (5)  An appointment of a bargaining representative may be revoked by the appointing party at any time.
             (6)  If a party revokes the appointment of a bargaining representative, the party must inform the other parties involved in the negotiations as soon as practicable after the appointment is revoked.
4  Conduct of parties and bargaining representatives
             (1)  Each party involved in negotiating a road transport collective agreement must:
                     (a)  not select participating drivers in an unfair manner; and
                     (b)  bargain directly with:
                              (i)  if a party has appointed a bargaining representative—the appointed bargaining representative; and
                             (ii)  in all other cases—the other parties involved in the negotiations; and
                     (c)  participate in meetings organised and agreed to by the parties unless it would be impracticable or unreasonable to do so; and
                     (d)  ensure that information relevant to the negotiations, other than confidential or commercially sensitive information, is not unreasonably withheld from the other parties; and
                     (e)  give genuine consideration to proposals received and, unless it would be impractical or unreasonable to do so, respond to the proposals in a timely manner; and
                      (f)  not engage in conduct that unreasonably restricts the opportunity for another party to:
                              (i)  seek legal, financial or other advice; or
                             (ii)  seek assistance to understand documents; and
                     (g)  not engage in conduct that undermines freedom of association or collective bargaining; and
                     (h)  not control or improperly influence a bargaining representative appointed by another party.
             (2)  A negotiating group or a bargaining representative must obtain the permission of the participating hirer to use the participating hirer’s premises to conduct discussions about the proposed agreement.
             (3)  A participating hirer may refuse to give permission for discussions to occur at its premises if permitting the discussions would adversely affect the hirer’s operations.