Tell us your policy hot spots
Members have the opportunity to outline their policy concerns and propose actions that NatRoad can take to meet those concerns at the upcoming NatRoad conference. We need your member input about issues that you’d like addressed.
Please send any proposed motions for the Conference to consider to info@natroad.com.au by 7 October 2022. Include your name, the policy issue you’d like addressed and a motion to be put forward.
If you’re not sure how that should look, we’re ready to help at the email address above. Here’s an example:
Name of Proponent: XXX
Policy issue: time slots set out in a contract are narrow, 15 minute window. If missed, the delivery must be made free of charge. This should be illegal.
Proposed motion: That the National Road Transport Association explore options to address concerns about tight time slot allocation and subsequent rescheduling at the operator’s cost. In particular, the NHVR should be approached as to when this would be a breach of COR rules and the federal government should be lobbied to make such a provision unfair and unlawful.
ACCC puts spotlight on fuel retailers as free NatRoad Webinar looms
It’s a small mercy in light of the price rise that’s to come at the end of September, but the Australian Competition and Consumer Commission has been running the ruler over fuel retailers who failed to pass on the federal Government’s cut in excise.
That was revealed when the ACCC released its regular fuel price monitoring report on 5 September.
The ACCC says there are a handful of locations in regional areas where decreases in petrol and diesel prices were smaller than the cut in excise.
“These sites are in regional areas that often sell low volumes of fuel, meaning that it took them time to sell their existing fuel stocks (which had been purchased at the pre-excise price),” the ACCC said.
“We are assessing these responses to determine if any further action is required.”
The Commission blames record international prices for crude oil and refined petrol driven by demand, production cuts by Russia and the OPEC cartel, and war in Ukraine for high prices.
There are a number of steps NatRoad Members can take when the Federal Government suspends its reduction in excise after 29 September and they will be discussed in the free 21 September Webinar with tax experts Chris Sant and Jordan Lo Rosso from Ryan.
You will hear how you can claim your full Fuel Tax Credit entitlement (including how to optimise claims for bulk fuel tanks), whilst receiving practical tips on claiming your full entitlement prospectively. Register here.
Your public holiday questions answered
The Prime Minister has announced a National Day of Mourning for Queen Elizabeth II, to be held on 22 September 2022. This is a one-off public holiday and raises questions about Award provisions.
Under the National Employment Standards, a public holiday includes any day that is declared by the relevant State or Territory governments to be such and these will occur as a matter of course.
Generally, a full-time or part-time employee who would have worked their ordinary hours on a day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday.
That is the position under the Road Transport and Distribution Award 2020. Casual employees don't get paid for public holidays not worked. The Road Transport (Long Distance Operations) Award 2020provisions are different.
Under the Long-Distance Award, a full-time or part-time employee who is absent from work because it is a public holiday is to be paid 20% of the minimum weekly rate specified at cl.16.1(a).
A full-time or part-time employee who is performing work on a public holiday is to be paid as follows:
- for Good Friday or the Christmas Day holiday - 30% of the minimum weekly rate specified at cl.16.1(a), plus the appropriate payment for any work performed on the public holiday in accordance with the agreed method of payment (i.e. the cents per kilometre (CPK) or hourly driving).
- for all other public holidays - 20% of the minimum weekly rate specified at cl.16.1(a), plus the appropriate payment for any work performed on the public holiday in accordance with the agreed method of payment (i.e. the cents per kilometre (CPK) or hourly driving).
A casual employee who is performing work on a public holiday is to be paid as follows:
- for Good Friday or the Christmas Day holiday - 30% of the minimum weekly rate specified at cl.16.1(a), plus the appropriate payment for any work performed on the public holiday in accordance with the agreed method of payment (i.e. the cents per kilometre (CPK) or hourly driving).
- for all other public holidays - 20% of the minimum weekly rate specified at cl.16.1(a), plus the appropriate payment for any work performed on the public holiday in accordance with the agreed method of payment (i.e. the cents per kilometre (CPK) or hourly driving).
A casual employee will only be entitled to the payment specified above where the majority of the work undertaken on a particular journey is undertaken on a public holiday.
A casual employee working on a public holiday must be paid as follows:
- if paid by the cents per kilometre (CPK) method - minimum payment as for 500 km
- if paid by the hourly driving method - minimum payment of 8 hours work, whether they worked for 8 hours or a shorter period.
For more details or for assistance with negotiations between employer and an employee where a substitution of the public holiday is sought, get in touch with the Advice Line.
COVID Isolation rules have changed (again)
From 9 September 2022, the National Cabinet reduced the isolation period for people who have tested positive for COVID-19 from seven days to five.
If you still have symptoms or work in high-risk settings with vulnerable people — such as workers in aged care homes and the disability care sector — you will still have to isolate yourself for seven days. Refer to our COVID bulletin on the NatRoad website for full details.