RFNSW ink new deal with Caltex Lubricants and we meet with Transport for NSW, variation to the Long Distance Operations award, NHVR news, and Prosecutions under the HVNL amendments and much more...

9th March 2018

CEO Report

RFNSW inks new deal with Caltex Lubricants

It is with great pleasure that I can announce after much discussion, RFNSW and Caltex lubricants have become partners.

This new deal with deliver savings to members and reinforce the relationship we have with Caltex in NSW. We are pleased to have not one but two major oil companies seeing benefit in their relationship with RFNSW and our members.

Some of our members are already seeing benefits in our new relationships and I would encourage you to contact us to see how we can help you save with regards to Lubricants.

Teletrac Navman Customer 360

At 10am on 13 March at the Mercure Sydney I will speaking at this conference for some of Teletrac Navman's customers. As a Road Freight NSW member, you are invited to:

  • Gain insight into the transport industry from Road Freight NSW
  • Learn about risk assessment & management
  • Policies & procedures that can help cover your obligations to compliance
  • Hands on training within Teletrac Navman Director and Sentinel, our Electronic Work Diary (EWD)

Please see below for more details and the chance to register.


Hutchison WIMs

RFNSW is in consultation with Hutchison around this notice sent to carriers at 2.30pm on Wednesday 7 March for compliance by 6.30pm on Thursday 8 March.

The notice is set out below:

New notification published for HPAPB, Sydney

Hutchison Ports Sydney - WIM Process Change 07 Mar 2018 14:30

Attention Carriers/Truck Drivers,
There will a change in the Weigh in Motion process in order to meet compliance requirements.

Driver of a laden truck leaving the terminal will be required to provide additional information at WIM kiosk before ticket is printed.

Additional information includes

  • Mass limit (Truck is operating under). Possible options are: GML (General Mass Limits), CML (Concessional Mass Limits), HML (Higher Mass Limits), Permit (Specific Permit)
  • Whether FUPS (Front Underrun Protection Systems) is present
  • Mass limit identifier (required for CML, HML and Permit, not required for GML)

Ensure that the Driver has the above information prior to entering the terminal.

For further information, Please refer to the Recieval & Delivery process document available in the information menu within the about tab.

Please be advised that the change will be effective from 6:30 PM on Thursday, March 8, 2018

As always, we appreciate your cooperation.

Regards,
Hutchison Ports Sydney

TFNSW

Vic Regina, Simon O'Hara, Damian Colclough

Last week, we meet with senior executives of TfNSW to discuss a a range of issues important to our members at the Port, on the road and in and around tolling.

ARTIO/TWU SUPER - Future of Transport Seminar

Jon Luff and I were fortunate to be invited to a seminar based on research entitled "The Future of Transportation Work" seminar with Dr. Jim Stanford on Tuesday 27 February 2018.

Jim is the Economist and Director of the Centre for Future Work, based at a think tank, The Australia Institute.

Jim discussed:

  • Transport and logistics work today
  • The impact of technological innovation, including automation, in transport
  • Changing work patterns and the emergence of the gig economy
  • Where the transport industry is headed and suggestions in preparing for change.

Jim stressed that predicting the future with any degree of certainty was a difficult proposition. He put forward several scenarios on how the broader transport sector may be impacted by different technologies. One of Jim's main points was technological change is already with us and that will continue to change the way transport is conducted - coupled with converging technology. The aging workforce of the transport industry will help the industry adjust, but there will be challenges ahead.

Jon Luff and Simon O'Hara

One of the threats to the sector is the 'gigification' of work, where segments of the industry could be undercut by anyone with a truck or van, in a similar way to what has happened in the taxi industry. Such change in the relationship to work involves a degree of 'social acceptance' as there are risks of safety and compliance - but also taxation and superannuation issues to consider.

With regards to driverless trucks, Jim went to some lengths to describe that this technology would also most likely be introduced gradually for many reasons, including capital investment, infrastructure and social acceptance. On a positive note, Jim stressed that he believed transport would be a healthy growth industry, and that this provided an opportunity to consult, plan and help a workforce adjust to imminent change.

One the issues raised by the audience was driverless trucks will increase efficiency, but if we have machines performing work, where will the tax base come from for the future?

A summary of the report by Dr Jim Stanford is available at
www.twusuper.com.au/future

RFNSW Membership

Lastly, RFNSW is a not for profit organisation that relies on membership support for our operation. Remember to pay your subscriptions.

Simon O'Hara
CEO
Road Freight NSW
0400188815

CALTEX AUSTRALIA COMES ON BOARD WITH RFNSW

New Sponsorship Delivers RFNSW Members Range of Benefits

Peak body Road Freight NSW (RFNSW) is pleased to announce a new sponsorship agreement with leading fuel supplier Caltex Australia Petroleum Pty Ltd. (Caltex), which will deliver RFNSW members a range of value added services and top-tier lubricants products.

General Manager, Simon O'Hara, said RFNSW was excited to be partnering with Caltex, which will provide RFNSW and its members with:

  • Trials of new high-grade lubricants (diesel engine oil; transmission fluid; grease) for select RFNSW members;
  • "End user pricing" on industry-leading lubricants for RFNSW members;
  • A special technical help phone hotline; lubricants training; an annual technical services seminar and advice from an industry lubricants specialist;
  • Sponsorship of the RFNSW annual conference.

"As the voice of the local trucking industry, RNSW is pleased to be partnering with an iconic Australian brand such as Caltex," Mr O'Hara said today

"Our members will now be able to access new high-grade Caltex lubricants and be provided with technical support and ongoing advice on the products which will benefit their daily operations.

"With carriers continuing to face ever-increasing cost pressures, this support from Caltex will allow our members to choose top-quality lubricants that will assist them to improve motoring efficiencies and drive down their overall operating costs.

"We thank Caltex for their support of RFNSW and we look forward to the range of benefits this new partnership with bring to our members."

RFNSW media contact: Richard Lenarduzzi 0411 254 390

Your Invitation to Teletrac Navman Customer 360

Teletrac Navman would like to extend an invitation for you to join us for an interactive industry update and dynamic training event.

  • Gain insight into the transport industry from Simon O'Hara, General Manager Road Freight NSW
  • Learn about risk assessment & management
  • Policies & procedures that can help cover your obligations to compliance
  • Hands on training within Teletrac Navman Director and Sentinel, our Electronic Work Diary (EWD)

Come along and share your ideas, successes and challenges while you get the opportunity to gain further insight into our fleet tracking and fatigue management solution.

The Details

When: 13th March, 2018
Time: Arrive at 9.30am for a coffee and networking for a 10am start (sharp).
The day will conclude at approximately 3pm.
Where: Mercure Sydney Parramatta
106 Hassall Street, Rosehill, New South Wales 2142

Customer 360 Sessions

On the day, there will be a number of sessions running where you are able to come along to and gain a wider understanding. You are able to attend one or all of the sessions.

Session One: Transport Industry (10am - 12pm)

  • Q&A with Simon O'Hara from Road Freight NSW.
  • Risk Assessment & Management presented by Chris L'Ecluse.
  • Policies & Procedures, their place within the business and your obligations
  • Fuel tax and maximising your claim within the Teletrac Navman system.

Session Two: Sentinel Electronic Work Diary System Training (12.30pm - 1:30pm)

  • In-depth training within Sentinel, Teletrac Navman's fatigue management platform.
  • Covers a range of features from driver management and allocation through to fatigue reporting.

Session Three: Director Fleet Management System Training (1.30pm - 3pm)

  • A hands-on run through of the main features of Director and how you can better utilise them.

Coffee, tea and a light lunch will be served during the event.

Learn from the experts!

Hosted by Chris L'Ecluse, Teletrac Navman's solution specialist, come along and gain a better understanding on the industry, and participate with our experts in hands-on product training.

BP Offer to RFNSW Members

Help shape the NSW Draft Freight and Ports Plan

Transport for NSW has announced plans to reach out to the freight industry to discuss the NSW Draft Freight and Ports Plan (the Plan) through a number of metro and regional roundtables, starting with Western Sydney on Thursday 22 February.

The Plan, a sub-plan of Future Transport 2056, was published on 6 December 2017, and consultation will close on 25 March 2018. It is a strategy for moving goods in an efficient, safe and environmentally sustainable manner, providing successful outcomes for communities and industry.

The feedback gathered from each roundtable will be used to shape the direction of the final Freight and Ports Plan, and formulate clear actions and outcomes for the future of freight in NSW.

You can register for one of the following roundtables by clicking on the relevant link:

  • Wollongong: 11.30am - 2pm, Tuesday 13 March
  • Sydney CBD: 9.30am - 12pm, Wednesday 14 March
  • Leeton: 12pm - 2.30pm, Thursday 15 March
  • Taree: 11.30am - 2pm, Monday 19 March
  • Yamba: 9.30am - 12pm, Tuesday 20 March
  • Grafton: 2pm - 4.30pm, Tuesday 20 March

Invitations are open to all freight industry stakeholders and you are encouraged to attend any session that works for you. Just make sure you RSVP. Places are limited and registration is essential.

For more information, or to register, please click on the location link or email freight@transport.nsw.gov.au

Variation to the Long Distance Operations Award - insertion of part-time employment

The Road Transport (Long Distance Operations) Award 210 (the Award) has now been varied to allow part-time employment.

Members will recall that Ai Group ran a successful case in the Fair Work Commission last year seeking to have the Award varied in order to allow employers to engage drivers on a part-time basis. The Award had previously only permited employees to work on either a full-time or casual basis.

The variation was purued in response to calls for a change from Road Freight members. Relevantly, several operators had expressed frustration over not being allowed to accomodate requests from long serving drivers who were approaching retirement and wanted to scale back from full-time hours.

It is important to appreciate that the award does however contain a number of restrictions on the manner in which part-time employees can be engaged. Notably, an employer and employee must agree on the number of days per week that an employee will work and an employer cannot force an employee to work addional days. If, by agreement, additional days are worked employees must typically be paid at a rate that is 15% higher than that which is otherwise specified in the Award for such work.

The new provisions are largely set out in clause 13.2 of the award, although a number of other award clausses have also been varied to reflect the introduction part-time employement.

A copy of the award incorporating the new provisions can be accessed here. The changes commenced operation at the start of the first full pay period to begin on or after 28 February 2018

Members with questions regarding the new provisions can call Road Freight NSW info line on 1300 781 905.

FWC ANNUALISED SALARIES DECISION - changes to Clerks Award likely

On 20 February, a Full Bench of the FWC handed down its decision in the 4 Yearly Review of Awards - Annualised Salaries Case which is likely to have implications for members paying their clerical employees an annualised salary.

In this case, a Full Bench of the FWC reviewed the annualised salary clauses in those awards that contain such clauses, including the Clerks - Private Sector Award 2010 and 18 other awards. The clauses place a range of conditions upon the use of annualised salaries. The FWC has foreshadowed making significant changes to these award provisions, although there will be further proceedings before any variations are implemented.

In its decision, the Full Bench reached a number of conclusions about annualised salary clauses in modern awards and their compliance with the Fair Work Act, including:

  • There should be a requirement for individual agreement to be reached with the relevant employee before an annualised salary arrangement is introduced in circumstances where the working hours of the employee are highly variable from one week to the next or over the course of a year.
  • Where the annualised salary arrangement is by agreement, it should be terminable by the employer or employee at annual intervals upon notice.
  • The annualised salary arrangement should be in writing.
  • In no circumstances should an annualised salary clause in a modern award permit or facilitate an employee receiving less pay over the course of a year than they would have received had the terms of the modern award been applied in the ordinary way, and it is essential that the clause contain a mechanism or combination of mechanisms to ensure that this does not happen. The Full Bench has identified three types of mechanism to ensure this:
    • A requirement for a minimum increment above the base rate of pay, prescribed in the annualised salaries clause itself, including an outer limit on the number of overtime or penalty rate hours which are compensated by the increment.
    • A requirement that the arrangement identify the way the annualised salary is calculated.
    • A requirement that the employer undertake an annual reconciliation or review exercise, and be required to keep records of overtime and penalty rate hours.
  • Annualised salary arrangements should only have application to full-time employees unless a workable proposition can be identified for the application of such provisions to part-time employees.

The Full Bench has provisionally proposed a number of model annualised salary clauses to give effect to the above conclusions, all of which have problematic elements.

Submissions in response to the Commission's model clauses are due by 20 March with reply submissions due by 3 April.

Ai Group will lodge detailed submissions and work hard to ensure that annualised salary clauses in awards remain workable and continue to provide the flexibility to employers and employees that these clauses were intended to provide when they were originally inserted into the awards.

Road Freight NSW members will be made aware of any changes to relevant awards that are ultimately made as a result of these proceedings.

Members can also obtain assistance drafting contracts of employment that include annualised salary arrangements from Ai Group Workplace Lawyers by either emailing Brent.Ferguson@aigroup.com.au or calling 02 9466 5530.

Reminder - Expert Workplace Relations Advice Available to Members

Road Freight NSW members are reminded that they can receive workplace relations advice from Ai Group's experienced team of workplace advisers by contacting the Road Freight NSW Advice Line on 1300 78 38 44.

The Advice Line is there to help you with all your "on the spot" workplace relations related questions. This includes topics such as:

  • Award matters
  • Wage rates
  • Leave entitlements
  • Hours of work
  • Employer superannuation obligations
  • Performance management
  • Termination of employment
  • Unfair dismissals
  • Redundancy
  • Discrimination, harassment and bullying
  • Employment legislation
  • Minimum employment conditions
  • Employment contracts and agreements
  • Handling Workers' Compensation claims
  • Work Health and Safety management

Members can make unlimited calls Monday to Friday, from 8.30am - 5.15pm. For additional information regarding legal advice and assistance available to Road Freight NSW members regarding workplace relations and employment law matters, please contact Brent Ferguson on 02 9466 5530 or brent.ferguson@aigroup.com.au.

NHVR releases EWD Compliance Policy

The NHVR has released the draft Electronic Work Diary (EWD) Compliance Policy ensuring that heavy vehicle drivers using either electronic or written work diaries are treated the same.

NHVR Productivity and Safety Executive Director Geoff Casey said the EWD Compliance Policy would provide the right balance between safety and compliance to ensure a consistent approach for those who voluntarily use the new technology and that information is accurate and accessible.

"The policy outlines the NHVR's requirements for meeting record keeping laws whether you utilise the technology or use traditional Written Work Diaries (WWDs)," Mr Casey said.

"For example, EWDs will record and show work and rest time to the nearest minute, unlike WWDs which use blocks of 15 minutes. This will be a benefit to many drivers who will no longer have to round down rest time, or round up work time, to the nearest 15 minute block.

"The EWD Compliance Policy will also make it clear that while an EWD must alert drivers of an approaching work or rest deadline, potential minor breaches of less than 15 minutes will not appear as a breach in the EWD Compliance View.

"Authorised officers who check EWDs will access the Compliance View of a driver's work and rest times," he said.

"Drivers will also have the ability to correct information prior to approving their work and rest times at the end of each work day."

The EWD Compliance Policy states: As EWDs may provide greater visibility of drivers' records at the roadside, the requirements about recording and interpreting EWD information must be equivalent to a WWD in three key aspects:

The NHVR recently completed consultation on the EWD Policy Framework and EWD Standards.
Once finalised, the outcomes will be published and the NHVR will begin preparations to accept applications from technology providers for approval to provide the technology to record work and rest.

Mr Casey said that while EWDs must meet the requirements of the EWD Standards, they may include additional functionality to meet individual business needs.

For more information go to www.nhvr.gov.au/ewd

[ENDS]
Contact: Andrew Berkman | 0429 128 637

Tip truck hoisting requirement to be reviewed

The NHVR has agreed to work with tipper body manufacturers to develop a new modification code to provide clear requirements for hoisting systems.

NHVR Vehicle Safety and Performance Manager Peter Austin said the code would assist manufacturers that were concerned about achieving compliance with the standards released under Vehicle Standards Bulletin (VSB) 6, Version 3.

"Some manufacturers raised concerns that some tippers would require re-design of tipper body systems in order to meet Australian Standards, required under VSB6," Mr Austin said.

"The NHVR recently reviewed the requirements of the relevant parts of the Australian Standard and agreed that the design of tipping systems involves a reasonable amount of engineer level work.

"Rather than requiring an engineer to assess every tipper body installation, the NHVR is proposing that a two stage design-modification approach be adopted.

"We've asked Heavy Vehicle Industry Australia (HVIA) to provide a draft of the code in consultation with industry."

HVIA Chief Executive Todd Hacking welcomed the opportunity to draft the modification code.

"This has been an issue raised with us by our members and we look forward to working with them to find a solution," Mr Hacking said.

"We welcome the approach by the NHVR to delay the implementation of these requirements beyond April 1, 2018, until we resolve these issues."

For more information check out the Vehicle Standards Guide (VSG) 17 at www.nhvr.gov.au/files/201803-0711-vsg17-tip-truck-hoisting-system-requirements.pdf

ENDS
Contacts:
Andrew Berkman, NHVR | 0429 128 637
Steve Power, HVIA | 0437 897 882

Tier 1 Prosecutions Under the Incoming HVNL Amendments

One of the most significant changes coming for the heavy vehicle industry this year is the introduction of category 1 - 3 offences and penalties which mirror existing offences under the (almost) national Work Health and Safety (WHS) regime.

In this article we take a look at how the WHS penalty regime has been implemented for some insight into how the new penalties are likely to operate in the heavy vehicle space.

Similar to the new Heavy Vehicle National Law (HVNL) 'primary duties', under WHS law a person conducting a business must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the business. If this primary duty is breached by the person recklessly and without reasonable excuse engaging in conduct which exposes an individual to a risk of death or serious injury or illness, the person may be convicted of a category 1 offence. The prosecution must prove the offence beyond a reasonable doubt.

For a court to convict a person or corporation for a category 1 offence, the prosecution must prove that the conduct was reckless and without reasonable excuse, and that the person/corporation failed to do what was 'reasonably practicable' to ensure the health and safety of workers (under the incoming HVNL, a person is required to ensure the safety of transport activities).

If a person is 'reckless as to the risk to an individual of death or serious injury or illness', it means that they foresee that the risk of death/serious injury or illness is probable, but is indifferent as to whether it occurs. Proving both that a person foresaw the risk and was indifferent to it requires significant and clear evidence, and places a heavy onus on the prosecution.

Refresher - new penalties

Offence Category 1 offence - recklessly engaging in conduct exposing an individual to a risk of death or serious injury or illness Category 2 offence - contravention exposing an individual, or class, to a risk of death or serious injury or illness Category 3 offence - other contravention of the duty
Penalty Individual - $300,000 and/or 5 years imprisonment Corporation - $3,000,000 Individual - $150,000 Corporation - $1,500,000 Individual - $50,000 Corporation - $500,000

WHS category 1 prosecutions

Since the Model WHS Act was rolled out across Australia (except WA and Victoria) in 2012-13 there have been few category 1 prosecutions and no convictions to date.

In the ACT, Schwing Australia Pty Ltd and NSW engineer Phillip James O'Rourke were charged with category 1 offences after a concrete pump collapsed, killing one worker and seriously injuring two others. In 2015 the Director of Public Prosecutions dropped the charges as it considered it could not prove the defendants contravened their WHS duties beyond a reasonable doubt in the face of the expert evidence which indicated the accident was caused by a metallurgical phenomenon rather than negligence of the defendants.

In South Australia, Safe is Safe Pty Ltd and director Hamish Munro were charged with category 1 offences after an amusement ride malfunction caused the death of an 8 year old girl at the 2014 Royal Adelaide Show. The matter has been referred to the South Australian Industrial Court and will be heard in April 2017, with the defendants arguing their duty ended prior to the incident.

In NSW, Cudal Lime Products Pty Ltd and two of its workers are facing category 1 charges relating to the death of a worker by electric shock, sustained while he was in the shower in his residence. The house's electricity was supplied by the nearby limestone quarry and the NSW Department of Industry's Resources Regulator alleges that the incident was caused by non-compliant electrical work combined with the absence of critical electrical safety devices.

Most recently, Lavin Constructions Pty Ltd and Multi-Run Roofing Pty Ltd and their directors Peter Lavin and Gary Lavin have been committed to stand trial for category 1 offences in relation to a worker's fatal fall from a roof. Safety equipment scissor lifts for fall control were available, but the worker was working meters ahead of them and was not wearing a fall-prevention harness.

Comment

The various WHS agencies are clearly willing to bring category 1 prosecutions, but acknowledge that the evidential burden on the prosecution is heavy. The small number of prosecutions shows that it is considered to be a last resort and only appropriate in the most serious of cases.

Even if the prosecution is unable to prove the offence, being charged with a category 1 offence can have a devastating impact on a person or company. Defending such litigation is a time consuming and expensive process, and the reputational damage can be irreparable - for example, in 2016 the Royal Adelaide Show informed prospective ride suppliers that it would not accept safety certifications from Safe is Safe Pty Ltd 'until further notice', even though the company has not been convicted.

In order to be ready to uphold the new primary duties when they become law, you should review your policies and procedures to ensure they reflect the duty to do everything reasonably practicable to ensure the safety of all transport activities.

Author: Geoff Farnsworth

* A version of this article was originally published in CoR Adviser. This article is © 2017 Portner Press Pty Ltd and has been reproduced with permission of Portner Press.

iCare Update

NSW businesses who are making a difference through their efforts to prevent work-related injuries and illnesses will be recognised by the new icare aware awards. Jason McLaughlin, icare's General Manager Injury Prevention and Pricing, is encouraging companies to nominate now for the work they are doing to keep their people safe.

"Health and safety should be front of mind as employers and workers of NSW go about their day. Over the coming months we'll be acknowledging the businesses who clearly value their employees by investing in innovative initiatives," Mr McLaughlin said.

"For the past two years we have rewarded businesses who strive to keep their people safe through the icare aware award but we are formalising the award, opening it up to nominations from industry.

"There's a lot of great work going on as NSW businesses realise the productivity and people benefits of taking small steps to improve safety for their workers. Even the smallest of steps can lead to big change and the icare aware award program is an opportunity for businesses to showcase their efforts to embed a culture that supports strong safety behaviours."

The award's most recent winner, energy company Jemena, was recognised for their innovative How Would You Do It (HWYDI) initiative, a safety program built in consultation with Jemena's employees. Watch the video below to hear more about Jemena's safety program.

Jemena Executive General Manager-Service Delivery John Van Wheel said they have embedded a strong safety culture in the organisation through a program to help them better understand why injuries were taking place and how they could empower their staff with the right knowledge, skills and tools to tackle issues that were making their working days difficult or riskier than they should be.

For more info click on the link below

Please click on the link below to learn about Linde's commitment to safety:


Road Freight NSW contact details
Image
56 Fitzroy Street
Marrickville NSW 2204

Tel: (02) 9557 1205

info@rfnsw.com.au

www.roadfreightnsw.com.au

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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