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Fair Work Act 2009
40CGuide to this Part
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40C Guide to this Part
This Part deals with special provisions relating to the road transport industry.
Division 2 sets out the road transport objective.
The Expert Panel for the road transport industry must have regard to the road transport objective when performing functions and exercising powers under certain provisions of this Act. These functions and powers cover both employees and employers and regulated road transport contractors and road transport businesses.
Division 3 establishes the Road Transport Advisory Group. This Group includes representatives from the road transport industry. It has advisory functions under Chapter 3A (in relation to road transport minimum standards) and the prioritisation of the FWC’s work so far as it relates to the road transport industry.
Division 2—The road transport objective
40D The road transport objective
In performing a function or exercising a power under this Act, the Expert Panel for the road transport industry must take into account the need for an appropriate safety net of minimum standards for regulated road transport workers and employees in the road transport industry, having regard to the following:
(a) the need for standards that ensure that the road transport industry is safe, sustainable and viable;
(b) the need to avoid unreasonable adverse impacts upon the following:
(i) sustainable competition among road transport industry participants;
(ii) road transport industry business viability, innovation and productivity;
(iii) administrative and compliance costs for road transport industry participants;
(c) the need to avoid adverse impacts on the sustainability, performance and competitiveness of supply chains and the national economy;
(d) the need for minimum standards in road transport contractual chains.
This is the road transport objective.
Note: The matters that must be dealt with by the Expert Panel for the road transport industry are matters relating to modern awards relating to the road transport industry, road transport minimum standards orders and road transport contractual chain orders (see subsection 617(10B)). The President also has a discretion to direct the Expert Panel for the road transport industry to deal with a matter (see subsection 617(10D)).
Division 3—Road Transport Advisory Group