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Rights & Responsibilities » Employers » Employers' Guides » Transport Industry » Transport Industry: NSW Employment Laws

Transport Industry: NSW Employment Laws

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The major NSW laws covered in this Guide include the:

  • NSW Industrial Relations Act 1996, which sets minimum requirements for matters such as parental leave, employee pay slips and employment records, as well as establishing processes for dealing with enterprise agreements, unfair dismissals and other matters
  • NSW Industrial Relations (Child Employment) Act 2006, which sets out obligations for corporations when employing children under 18 years of age on a workplace agreement which started after 27 March 2006.
  • Federal Workplace Relations Act 1996 (including WorkChoices amendments), which covers those businesses which are constitutional corporations (e.g. PTY LTD company)
  • Annual Holidays Act 1944, which sets out minimum provisions for annual leave for those still covered by NSW industrial legislations
  • Long Service Leave Act 1955, which sets out minimum provisions for long service leave
  • Occupational Health and Safety Act 2000, which deals with the health, safety and welfare of people within workplaces
  • Anti-Discrimination Act 1977, which prohibits certain forms of discrimination and harassment in the workplace

There is also Federal legislation relating to employment, covering matters such as taxation, superannuation, discrimination and victimisation.

Federal or State industrial relations legislation?

On 27 March 2006, new federal industrial relations legislation took effect. The new legislation, using the corporations powers in the Australian Constitution, means that any business that is a constitutional corporation will be covered by federal industrial relations legislation. A quick guide is that if the business is a Pty Ltd company, federal legislation will apply.

 

For sole traders, partnerships and other organisations that are not constitutional corporations, the NSW industrial relations system will continue to apply.

 

For more information to assist in identifying what industrial relations system you may operate under, call the NSW Office of Industrial Relations on 131 628.

 

Awards and Notional Agreements Preserving a State Award (NAPSA)

This employment guide deals with employing staff in the social and community services in NSW.  This employment guide is based on provisions contained within the Transport Industry (State) Award and Transport Industry – Mixed Enterprises Interim (State) Award  which also became a Notional Agreement Preserving a State Award (NAPSA) from 27 March 2006 under federal industrial relations legislation.

 

The Transport Industry (State) Award and the Transport Industry – Mixed Enterprises Interim (State) Award (the Awards) are the major common rule awards applying to the road haulage industry in NSW.  The Awards set out the minimum rates of pay and conditions of employment which apply to employees.

The Transport Industry (State) Award covers everyone engaged in the carriage of goods, merchandise and the like for common carriers.  It also covers employees engaged in loading and unloading of goods, forklift drivers, employees washing and greasing such vehicles, and chauffeurs.

The Transport Industry – Mixed Enterprises (State) Award covers the same classification of employees as the Transport Industry (State) Award when employed by an employer, not being a common carrier.

Other awards or contract determinations may apply depending upon the type of goods carried, the major and substantial business operations of the employer and who owns the vehicle.

However, the transport awards do not cover the following employees:

  • Clerical Employees
  • Owner/drivers
  • Managers

Current rates of pay are contained either in the award or the Australian classification and pay standard.

 

For further information about these awards:

  • Contact your union
  • Contact your employer association
  • Contact the OIR on 131 628

Enterprise Agreements

An enterprise agreement sets out the minimum conditions of employment for employees engaged in particular types of work in one enterprise.  The agreement may cover some or all of the employment conditions contained in the award.

An enterprise agreement must comply with all NSW laws.  In general, employees must not be worse off under the agreement compared to the relevant award(s).

Enterprise agreements are negotiated voluntarily between an employer and their employees or the union on behalf of those employees.

An enterprise agreement is not enforceable unless it has been approved by the NSW Industrial Relations Commission.

Further information is contained in the OIR brochure, Awards and enterprise agreements.


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Date Created: 29 August 2005
Last Reviewed : 27 March 2008 		 
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