Western Australian Numbered Acts

OWNER-DRIVERS (CONTRACTS AND DISPUTES) AMENDMENT ACT 2022 (NO. 36 OF 2022) - SECT 11

11 .         Parts 6A and 6B inserted

                Before Part 7 insert:

Part 6A — Misleading or deceptive conduct

31B.         Misleading or deceptive conduct by hirer

                A hirer must not engage in conduct that is misleading or deceptive, or is likely to mislead or deceive, with respect to an owner-driver in relation to the acquisition or possible acquisition by the hirer of services from the owner-driver under an owner-driver contract.

31C.         Misleading or deceptive conduct by owner-driver

                An owner-driver must not engage in conduct that is misleading or deceptive, or is likely to mislead or deceive, with respect to a hirer in relation to the provision or possible provision by the owner-driver of services to the hirer under an owner-driver contract.

Part 6B — Discrimination

31D.         Discrimination against owner-driver

        (1)         A hirer must not subject or threaten to subject an owner-driver to any detriment for the reason, or for reasons including the reason, that the owner-driver, or a person associated with the owner-driver —

            (a)         has claimed, or proposes to claim, a benefit or exercised, or proposes to exercise, a power or right that the owner-driver or associate is entitled to claim or exercise under this Act or the code of conduct; or

            (b)         has brought, or proposes to bring, or has otherwise participated in, a proceeding under this Act; or

            (c)         has informed, or proposes to inform, any person of an alleged contravention of this Act, the code of conduct or an order of the Tribunal under this Act; or

            (d)         has participated, or proposes to participate, in joint negotiations relating to owner-driver contracts or the engagement of an owner-driver.

        (2)         A hirer must not subject or threaten to subject an owner-driver to any detriment because the owner-driver, or a person associated with the owner-driver —

            (a)         has raised, or proposes to raise, issues of health and safety in relation to the performance of services under an owner-driver contract; or

            (b)         has sought, or proposes to seek, to —

                  (i)         negotiate a proposed owner-driver contract; or

                  (ii)         renegotiate an existing owner-driver contract.

        (3)         For the purposes of this section, subjecting an owner-driver to detriment includes doing one or more of the following —

            (a)         terminating the owner-driver’s owner-driver contract;

            (b)         injuring the owner-driver in relation to the terms and conditions of an owner-driver contract to which the owner-driver is a party;

            (c)         altering the position of an owner-driver so as to prejudice their interests under an owner-driver contract;

            (d)         refusing to engage a person as an owner-driver;

            (e)         discriminating against an owner-driver in the terms or conditions on which the owner-driver is to be engaged as an owner-driver.