Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This Division applies in relation to a hirer of a contractor driver if:
(a) a road safety remuneration order or arbitration order imposes requirements on the hirer in relation to the contractor driver; or
(b) an approved road transport collective agreement imposes obligations on the hirer in relation to the contractor driver.
(2) For subsection 119 (1) of the Act, this Division sets out:
(a) general records that the hirer must make and keep in relation to the contractor; and
(b) additional records that the hirer must keep, or information that the hirer must include in the general records, in particular circumstances.
Note An inaccurate record is not a record of the prescribed kind.
General records
(3) The general records in relation to the contractor driver are:
(a) the hirer's name; and
(b) the Australian Business Number (if any) of the hirer; and
(c) the contractor driver's name; and
(d) the Australian Business Number (if any) of the contractor driver; and
(e) a description of the road transport services to be provided under the road transport contract between the hirer and the contractor driver; and
(f) to the best of the hirer's knowledge, the name of the driver who operated the vehicle with which the road transport services were provided; and
(g) each date on which road transport services were provided by the contractor driver to the hirer under the road transport contract; and
(h) the amount paid or payable by the hirer to the contractor driver for the road transport services, and a description of how the amount was calculated; and
(i) if any deduction was, or is to be, made from the amount paid or payable, a record of when the deduction was made or will be made, and the reason for the deduction; and
(j) if a deduction is made from the amount paid, the amount of the deduction.
Superannuation contributions
(4) If the hirer is required to make superannuation contributions for the benefit of the contractor driver, the records must include:
(a) the amount of the contributions made; and
(b) the period over which the contributions were made; and
(c) the date on which each contribution was made; and
(d) the name of any fund to which a contribution was made; and
(e) the basis on which the hirer became liable to make the contribution, including:
(i) a record of any election made by the contractor driver as to the fund to which contributions are to be made; and
(ii) the date of any relevant election.
Road safety remuneration orders and arbitration orders
(5) If a road safety remuneration order or arbitration order imposes requirements on the hirer in relation to the contractor driver, the records must include the following information about the road safety remuneration order or arbitration order:
(a) the name of the order;
(b) the amount the employer is required to pay the contractor driver under the order;
(c) a description of the conditions the employer is required to provide to the contractor driver under the order.
A pproved road transport collective agreements
(6) If an approved road transport collective agreement imposes obligations on the hirer in relation to the contractor driver, the records must include:
(a) the amount of remuneration the hirer is required to pay the contractor driver under the collective agreement; and
(b) a description of the conditions the hirer is required to provide to the contractor driver under the collective agreement.
Termination of contract
(7) If the contract between the hirer and contractor driver is terminated, the hirer must make and keep a record that sets out the reasons for, and date of, the termination.