Jurisdiction of Commission with respect to contracts of carriage
313 Jurisdiction of Commission with respect to contracts of carriage
The Commission may inquire into any matter arising under contracts of carriage and may make a contract determination with respect to remuneration of the carrier, and any condition, under such a contract.
The Commission must, when making a contract determination under this section, consider including provisions relating to the following—
rates of remuneration, including—
payment of allowances instead of annual or other holidays, sick leave or long service leave, and
payment methods and periods, cost recovery, ensuring a fair return on financial risk and capital investment and the value of entitlements that would otherwise apply to employees,
record keeping,
training and skill development, including relevant industry accreditation,
adequate consultation and dispute resolution,
ensuring access to proper representation by an association of contract carriers, including workplace rights inductions and workplace delegate leave,
the attraction and retention of contract carriers.
The Commission constituted by a Presidential Member may, in relation to contracts of carriage, inquire into any matter in a contractual chain and make a contract determination in relation to remuneration and other conditions in the contractual chain.
The Commission must not exercise a function under subsection (3) if, in the Commission’s opinion, the exercise would interfere with the reasonable commercial arrangements of the parties to a contract or arrangement in a contractual chain.
Note—
Section 317(3) provides that the Commission may, in a contract determination or by a subsequent order, provide that the contract determination is binding on the successors of a principal contractor.
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