Part 4: Allocation of work, working arrangements and absences

18. Allocation of work

Some arrangements in the transport industry pay remuneration to contractors for deliveries actually performed, rather than for the hours where the contractor is available to work. This means that the fair allocation of work by the hirer is important for all parties.

BEST PRACTICE

Having regard to their legitimate business needs, hirers should use their best endeavours to –

1. plan their fleet to match their workloads; and
2. allocate work fairly between their contractors.

Contractors should operate in an efficient and productive manner, and use their best endeavours to assist hirers to meet customer requirements.

Parties should work together to pursue improved management practices that avoid as far as possible unproductive time and unloaded travel, and which provide for the most efficient and productive utilisation of the contractor’s and the hirer’s vehicles, plant and equipment.

19. Working arrangements

Some contractors work very long hours, do not have adequate rest and recovery between shifts, and do not have adequate family and recreation time. While many contractors seek or accept long hours for financial or other reasons, there is significant evidence to show that working patterns with excessive hours are unsafe, have long-term health implications for contractors and have a negative effect on family life.

BEST PRACTICE

When parties are negotiating a contract, they should give proper consideration to achieving safe work practices and a reasonable work/life balance.

Particular attention should be given to –

1. ensuring their contracts comply with all applicable laws and regulations on driving hours and fatigue management; and
2. the maximum number of hours a day in which services are to be provided; and
3. the number of days each week, month or year in which services are to be provided; and
4. structuring the hours in which services are to be provided to allow time for physical recovery, rest and recreation, community participation and family time; and
5. what flexible arrangements can be put in place that may assist contractors to have a better work/ life balance. Such arrangements might include allowing for consultation over preferred rosters, arrangements to make it easier to find and use replacement drivers or flexible start and finishing times and locations.

20. Absences due to illness or family responsibility

Contractors are businesses, not employees. As such, provided the standards of the contract are met, it is a matter for the contractor to choose the person who actually performs the services. This could be the owner of the contractor’s business or an employee or sub-contractor.

A hirer may impose reasonable requirements on the use of alternative drivers based on the qualifications, training or character of a proposed driver.

MANDATORY REQUIREMENT

A hirer must not terminate a contract only because of the absence of the contractor due to temporary illness or incapacity, family responsibilities or a similar reason, without first allowing a reasonable period of time for the contractor to provide a suitable replacement driver.

In considering what period of time is reasonable for the contractor to provide a replacement driver, regard must be had to the nature of the work and the relevant terms of any contract between the parties.