The Transport Workers’ Union has cautioned against the dangers of not addressing lethal pressures that cause truck drivers to speed as a proposed new law calls for harsher speeding penalties on heavy vehicles.
The Union’s warning came after the National Transport Commission recommended draft legislation that would see heavy vehicles caught driving 15km/h or more above the speed limit immediately forced off the road.
TWU National Assistant Secretary Michael Kaine described the move as a Band-Aid solution to the underlining issues in the trucking industry, which have contributed to 2,548 deaths on Australian roads in a decade.
“Enforcement on our roads is important. But to make this industry safer we must address the real issue of why truck drivers are breaching the law in the first place. So long as transport companies and drivers are under incredible pressure from clients like major retailer Coles to deliver freight cheaper and faster, heavy vehicle driving will remain to be the most lethal job in Australia,” he said.
“The history of enforcement shows that regardless of how many strategies are in place to enforce on-the-road behaviour, if the lethal supply chain pressures are not reduced, there will continue to be breaches.”
Truck driver Mark Trevillian said that change in the transport industry is desperately needed.
“Drivers are being pushed to go over their hours and take risks. This means truckies are tired and they’re driving vehicles where maintenance is being stalled or tyres aren’t being replaced when they should. It’s an industry-wide issue that puts the safety of drivers and members of the public on the line,” he said.
Safe Work Australia figures show one in three transport employers say workers ignore safety rules to get the job done on time. BITRE figures show truck drivers are 12 times more likely to be killed at work than other occupations.
Mr Kaine said major transport clients like Coles were the economic employers in the road transport industry and had the power to dictate terms and conditions of freight contracts without consideration of the impact on the safety.
“Until companies like Coles are held accountable for safe work and conditions throughout their supply chain there will continue be an incentive for operators to breach the rules in order to retain or gain work and people will keep dying as a result.”
An Adelaide transport company has been penalised a total of $93,000 and been ordered to back-pay 10 truck drivers more than $374,000.
The Industrial Relations Court of South Australia has imposed the penalty and Order against Largs North-based Atkins Freight Services, which transports bulk petroleum products into the Northern Territory, NSW and Western Australia.
The Court decisions follow an investigation and legal action by the Fair Work Ombudsman in relation to underpayment of eight truck drivers and representing two other drivers with individual legal actions against the company.
Atkins Freight Services contravened workplace laws by underpaying 10 bulk fuel tanker drivers a total of $244,221 between 2007 and 2009. Seven of the drivers are no longer employed by the company.
The drivers were variously underpaid meal, travel and shift allowances, the minimum hourly rate and payments to cover expenses when absent from home overnight, as well as overtime, leave and public holiday entitlements.
In addition to the penalty, Industrial Magistrate Michael Ardlie earlier this year ordered Atkins Freight Services to back-pay the 10 drivers their outstanding wages, plus superannuation and interest totalling $374,487.
The company has paid the outstanding entitlements to the Court, which is holding the funds pending the outcome of the company’s appeal against findings that it contravened workplace laws.
The Fair Work Ombudsman first discovered underpayments when it audited Atkins Freight Services in 2011 and 2012 after receiving a number of requests for assistance from employees. Underpayments, including superannuation, of individual drivers ranged from $7355 to $59,993.
Handing down the penalty, Industrial Magistrate Ardlie said the loss sustained by employees as a result of the underpayments was substantial and there was a need to ensure compliance with minimum standards.
Fair Work Ombudsman lawyers submitted in Court that Atkins Freight Services' lack of co-operation had unnecessarily delayed the matter and the company had not shown any contrition for its serious contraventions of workplace laws.
Fair Work Ombudsman Natalie James says the Court's decision sends a message that underpaying employees' minimum lawful entitlements is a serious matter.
"The Court’s decision should send a message to transport sector employers about the importance of ensuring they pay all minimum entitlements," Ms James said.
Victoria and Queensland have joined the ACT, NSW, SA and Tasmania in implementing the National Heavy Vehicle Inspection Manual.
The National Heavy Vehicle Regulator (NHVR) believes the manual, which came into effect on 1 July, will improve vehicle standards compliance and help reduce vehicle downtime.
NHVR CEO Sal Petroccitto said national harmonisation was necessary as “trucks don’t stop at borders.” The manual applies to all vehicles that have a gross vehicle mass greater than 4.5 tonnes.
The NHVR is also planning to conduct a National Roadworthy Baseline Survey.
So it was on 11 July when Branch Secretary John Berger and organiser Mem Suleyman held a TWUSUPER-sponsored sausage sizzle at Ceva Logistics in Melbourne.
John said member barbecues provided an opportunity for Union officials to have an informal face-to-face chat with members about any current, general or industrial issues that were on their mind.
"These events are highly-popular with members and as long as they want us to hold them, we will be happy to put them on," John said.
“With the Coalition back in office it is also important to remind members that we are always in their corner should they need assistance or if there are any changes to industrial laws that may adversely and unfairly affect them.”
Mem said it was great to spend an afternoon with members.
"John addressed members on the importance of unionism and sticking together at their worksite. We thank our delegates and members for a pleasant afternoon," he said
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