33Road transport collective agreements

#### 33 Road transport collective agreements (1) A road transport collective agreement is an agreement: (a) between: (i) contractor drivers (the participating drivers) with whom a hirer or potential hirer proposes to contract for the provision of specified road transport services (the applicable services); and (ii) the hirer or potential hirer of the drivers (the participating hirer); and (b) that specifies: (i) who the participating hirer is; and (ii) who the participating drivers are; and (iii) the basis on which the participating drivers became part of that group of drivers; and (c) that specifies remuneration or related conditions (or both) for participating drivers who provide applicable services to the participating hirer. Note: If the Tribunal approves the agreement, its effect is not limited to participating drivers: see section 36. (2) However, an agreement made under any of the following laws is not a road transport collective agreement: (a) Chapter 6 of the Industrial Relations Act 1996 of New South Wales (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6); (b) the Owner Drivers and Forestry Contractors Act 2005 of Victoria; (c) the Owner‑Drivers (Contracts and Disputes) Act 2007 of Western Australia; (d) a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified. (3) The regulations may prescribe a code of conduct in relation to collective bargaining for road transport collective agreements. (4) Before the Governor‑General makes a regulation under subsection (3), the Minister must consult with industry and the Tribunal. (5) A code of conduct prescribed under subsection (3) must have as its object the facilitation of effective and efficient collective bargaining for road transport collective agreements. (6) Despite any other law of the Commonwealth, a State or a Territory, a road transport collective agreement has no effect unless it is an approved road transport collective agreement. > Note: Subsection (6) does not affect agreements made under any of the laws mentioned in subsection (2), as they are not road transport collective agreements.