The Road Transport (Long Distance Operations) Award 2010 has been updated by the Fair Work Commission to include the provision of part-time drivers.
It comes after the National Road Transport Association (NatRoad) lodged a claim to introduce part-time work in the Long Distance Award. A full bench decision was handed down on 5 July, with the determination updated on 28 February.
AiG lodged a similar claim before part-time employment was agreed by the commission. The safeguards mean employers will be forced to pay financial penalties if drivers on part-time arrangements work full-time hours, ensuring benefits such as annual leave, superannuation and allowances are provided.
The award stipulates that a part-time employee is an an employee engaged by an employer for an average of less than 38 ordinary hours per week over 28 days. Before commencing part-time employment, the employee and employer have to agree upon the days of the week of which the employee will be required to commence work, the maximum number of ordinary hours of work per week, or the maximum weekly average number of ordinary hours of work calculated over a period of no more than 28 days. The terms may vary by genuine agreements between employer and employee which must be made in writing, with the maximum number of days agreed upon being three. NatRoads is able to assist members in writing an agreement.
An agreement was also made for an additional 15 per cent loading where a part-time employee works on a non-agreed day on the cents per kilometre rates, hour driving rates and amount payable under previous clauses. A part-time employee paid by the cent per kilometre method must receive a minimum payment per day for 500km. There are also specific provisions for holiday pay and the guaranteed minimum fortnightly payment applying to long-distance drivers.
Last year, the commission warned about the attempt to bring in part-time work without safeguards.
You can read the full determination, which was made on 28 February here.