Section 20 of the Act provides that on-going contracts (of more than a month) must be in writing, and must specify the minimum income or hours of work under the contract. The minimum could be zero, but the parties must be up-front and clear about what guaranteed work they are offering.
Written contracts, especially for longer term arrangements, are good business practice and help reduce disputes and uncertainty. Written contracts do not have to be long, or complex and legalistic. It is a good idea to set out in writing the most important aspects of your arrangements.
To assist parties to comply with the new requirements under the Act for written agreements and to promote good drafting of contracts, the Transport Industry Council has developed a model contract.
The model contract represents a fair industry benchmark of typical contractual terms. The Council may publish further versions of the model contract and different versions for use in particular industry sectors.
It is not compulsory to use the model contract, but you may find it useful as guidance on standard contract terms, or to use the model contract but vary certain terms. The model contract is in two parts: the main contract is attached as a pdf document.
Model Contract for Owner Drivers (PDF 97.98 KB)
Download the Model Contract for Owner Drivers
The second part is the schedule to the contract, which must also be filled in by both parties and sets out the rates to be paid and a range of other matters.
Download the Model Contract for Owner Drivers schedule
Contact the Victorian Business Line (VBL) on 13 22 15 regarding any problems with file downloads.