Many trucking operators have serious concerns about the legal compliance of trucking industry contracts, as well as payment terms and other provisions that require them to accept risks that should belong to customers.

The QTA has listened to those concerns, and is taking action to provide information to the members.

Contract checklist and masterclass

In June 2016, the ATA published a checklist to help trucking businesses work through the detail of contracts. The checklist covers:

• how to make sure contracts comply with the 2014 and 2016 Road Safety Remuneration Orders
  
• the Heavy Vehicle National Law and WA chain of responsibility contract requirements
  
• unfair terms in standard form contracts
  
• liability for consequential loss, payments terms and more.
  

Unfair Contract Terms Protections

From 12 November 2016, the Australian Consumer Law, administered by the ACCC, will protect small businesses from unfair terms in standard form contracts.

Although there are exceptions, the protections will apply if:

• one party to the standard form contract employs fewer than 20 people; and
  
• the contract is for an upfront price of $300,000 or less; or
  
• the contract is for a duration of more than 12 months and the upfront price is $1,000,000 or less.
  

The protections will not apply to terms that define the main subject of a contract or that set the upfront price.

The ACCC has published general guidance information on the unfair contract terms provisions.

Disclaimer

This information is not a substitute for legal advice and you should seek your own independent legal and business advice if you have concerns about contract issues. The information provided is intended to be used as a guide only and may not apply to your business circumstances.