Negotiating agents for owner drivers and hirers

Overview

The Owner Drivers and Forestry Contractors Act 2005 allows owner drivers and hirers to appoint a negotiating agent to negotiate contract conditions and rates on their behalf. The Transport Industry Council has developed model instruments for use.

The legislation allows owner drivers (or a group of owner drivers) to appoint a negotiating agent to negotiate contract conditions and rates on their behalf. Hirers can also appoint a negotiating agent. The agent could be an accountant or consultant, a trade union or industry association, or an owner driver colleague or a committee of colleagues.

The Owner Drivers and Forestry Contractors Act 2005 permits joint negotiations between owner drivers engaged by a single business and their common hirer, but not industry-wide negotiations.

The forms attached below are model instruments to appoint a negotiating agent, endorsed by the Transport Industry Council for use in the industry.

Once appointed the agent is able to enter binding legal contracts on your behalf, so it is important that you read the form carefully before you appoint an agent.

Owner drivers

Download a copy of the form to be used by owner drivers (or a group of owner drivers) for appointment of negotiating agent from Business Victoria website.

Hirers

Download a copy of the form to be used by hirer for appointment of a negotiating agent from the Business Victoria website.

Page last updated: 21 November 2016