On this page
- Download the Tip Truck Code of Practice
- Assess the costs of running your business based on the type of vehicle you operate
Owner Drivers and Forestry Contractors Act 2005
The Owner Drivers and Forestry Contractors Act 2005 aims to improve the position of owner drivers and forestry contractors who run small businesses transporting goods or harvesting forestry products.
The Act provides owner drivers and forestry contractors with some protections when they contract out their services. It requires that they are provided with certain information to assist in running a successful business. It also sets out a framework for resolving disputes.
Hirers and freight brokers in the transport and forestry industries have legal obligations under this Act, which was amended on 1 May 2020. It is important that they fully understand these obligations.
What is a tip truck owner driver?
A tip truck owner driver is someone that runs a small business involving the operation of up to three tip trucks in the building and construction industry. The owner of the business must also drive one of the tip trucks. An owner driver under the Owner Drivers and Forestry Contractors Act 2005 does not include employee drivers, only contractors.
The Tip Truck Code of Practice
The Tip Truck Code of Practice (the Code) sets out best practice to follow when engaging tip truck owner drivers on building and construction sites in Victoria.
It was developed by the Victorian Transport Industry Council, which includes representatives from a number of industry organisations.
Adhering to best practice improves the working conditions of tip truck drivers, allowing them to operate safely and efficiently. This benefits the whole industry.
Hirers who pay tip truck owner drivers in accordance with the Code can be confident they are paying rates that will enable owner drivers to operate their businesses safely and sustainably.
Download your copy of the Code of Practice.
Tip Truck Code of Practice (DOCX 3313.63 KB)
Understanding business costs
Our tip truck rates and costs schedules set out the typical operating costs of an owner driver business, based on the type of tip truck a driver operates. They include variable costs such as fuel and tyres, and fixed costs such as registration, finance and insurance.
Tip truck owner drivers and hirers can use the schedule to gain a better understanding of:
- the factors that affect operating costs
- the amount a driver could expect to earn as an employee doing the same kind of work.
Rates and cost schedules do not set minimum rates of pay. They aim to help owner drivers and hirers understand the typical operating costs of an owner driver business. Hirers and owner drivers can use them to assess whether an offer of work will:
- cover operating costs
- provide a good return for the driver's labour
- provide a good return on the owner driver’s investment.
Rates and cost schedules are also available for several other road freight vehicle types.
Hirer obligations to provide schedules
Hirers that engage a tip truck owner driver must make sure they give owner driver the rates and cost schedule that relates to their vehicle at least three business days before the owner driver is engaged.
This obligation does not apply if a hirer engages the tip truck owner driver through a freight broker.
From 1 May 2020, hirers may face penalties if they fail to meet these obligations. Learn more about your legal obligations under the Owner Drivers and Forestry Contracts Act 2005.
Rates and cost schedules for tip truck owner drivers
Access to dispute resolution
Under the Owner Drivers and Forestry Contractors Act 2005, hirers and contractors can contact the Victorian Small Business Commission to arrange fast and low-cost alternative dispute resolution if disagreements arise. The dispute resolution process can be used for disputes arising under or in relation to the Act or the Code of Practice, or in relation to a contractor or a hirer.
Disputes that are not resolved by the Small Business Commission may be referred to the Victorian Civil and Administrative Tribunal for determination.
Wage Inspectorate Victoria
Wage Inspectorate Victoria is responsible for monitoring compliance with the Owner Drivers and Forestry Contractors Act 2005.
If you have any questions, Wage Inspectorate Victoria is available to provide information and answer queries. Please call the Information Line on 1800 287 287 or email.