The 2016 Road Safety Remuneration Tribunal has addressed it’s critics in its decision report, taking aim at the Fair Work Ombudsman and NatRoads especially.
The RSRO dismissed a delay of its decision report and condemned opponents for the “uncertainty and confusion” created.
The RSRT said in its decision report,
“It is disappointing that affected persons could not rely on the Fair Work Ombudsman and scandalous that some bodies and persons have sought to create uncertainty and confusion by actions or omissions,”
The RSRT says it’s still up to individuals affected by the Order to know what’s happening. They went on to say,
“Those bound by the 2016 RSRO, who are the same persons bound by the 2014 RSRO, are still directly bound to take all necessary action to ensure they can meet their obligations under the 2016 RSRO by its commencement date of 4 April 2016.”
On the Fair Work Ombudsman, the report suggests the body educate, assist and give advice to road transport drivers but considered that ‘crowd sourcing’ was an appropriate method of developing their legal advice.
The decision report went on to state,
The Fair Work Ombudsman, for example, placed… questions on its website and invited “feedback and input from all interested industry participants”, telling them to “[h]elp us shape our position!”, asking them “[w]hat do you think?” and seeking that they tell the Fair Work Ombudsman “how you think this works in the real world”.
The RSRT went on state that the FWO continued to change its advice on the application of the 2016 RSRO.
The RSRT also took aim at the National Road Transport Association, stating that it failed to act in the best interest of it’s members.
The RSRT went on to state:
“NatRoad holds itself out as providing ‘Unlimited Industrial Relations Advice’ and ‘Legal Advice’,”
NatRoad responded to the RSRT saying the decision could lead to the bankruptcy of thousands of Australian owner drivers. Despite over 800 submissions and 3 days of hearings owner drivers and hirers gave evidence that the Order spelled ruin for their small businesses. It would also result in the loss of their homes and devastation or rural communities.
Hundreds of owner drivers wrote in to the Tribunal to indicate that their livelihoods were in jeopardy.
NatRoad CEO,Warren Clark was quoted in a statement as saying,
“Although hundreds of owner drivers wrote to the Tribunal to indicate that their businesses, livelihoods and family homes were in jeopardy, the Tribunal concludes that it is ‘unconvinced on the material before us that the work currently performed by the contractor drivers to whom the 2016 RSRO applies will be lost to others, including ‘fleet operators’, once the 2016 RSRO commences’.