Fair Work Act 2009
536PRTerms that must not be included in a road transport contractual chain order
Start here
Get a plain-English read of 536PR
Turn the raw legal text into a practical explanation grounded in Fair Work Act 2009.
536PR Terms that must not be included in a road transport contractual chain order
(1) A road transport contractual chain order must not include terms about any of the following matters:
(a) overtime rates;
(b) rostering arrangements;
(c) a term that would change the form of the engagement or the status of a regulated road transport contractor or a road transport employee‑like worker covered by the road transport contractual chain order including, but not limited to, a term that deems a regulated road transport contractor or a road transport employee‑like worker to be an employee;
(d) a matter relating to work health and safety that is otherwise comprehensively dealt with by a law of the Commonwealth, a State or a Territory;
(e) a matter prescribed by the regulations, or included in a class of matter prescribed by the regulations.
(2) A road transport contractual chain order must not include terms about any of the following matters:
(a) a matter relating to road transport that is otherwise comprehensively dealt with:
(i) by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld); or
(ii) by another law of the Commonwealth, a State or a Territory;
(b) a matter prescribed by the regulations, or included in a class of matter prescribed by the regulations.
(3) For the purposes of paragraph (1)(d):
(a) the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by a law of the Commonwealth, a State or a Territory; and
(b) the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which that paragraph does, or does not, apply.
(4) For the purposes of paragraph (2)(a):
(a) the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld) or another law of the Commonwealth, a State or a Territory; and
(b) the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which subparagraph (2)(a)(ii) does, or does not, apply.