Owner Drivers and Forestry Contractors Regulations 2017

to provide for certain mandatory requirements concerning the engagement of contractors; and

to provide guidance to hirers and contractors on—

conduct which is likely or unlikely to be unconscionable conduct within the meaning of sections 31 and 32 of the Act, including by providing examples of conduct that in the absence of any special circumstances is likely to be, or not to be, unconscionable conduct within the relevant industry context; and

contract terms which are likely or unlikely to constitute unjust contract terms within the meaning of section 44(2) of the Act, including by providing examples of contract terms that in the absence of any special circumstances, are likely to be, or not to be, unjust contract terms within the relevant industry context; and

to ensure a competitive and fair operating environment by promoting the following principles to guide business relations between hirers and contractors—

parties to a contract should be able to operate their respective businesses without unfair business practices being used against them;

contractors are entitled to be paid the agreed rate for their services;

hirers are entitled to have work performed to a satisfactory standard;

parties to a contract should clearly communicate their expectations and requirements and any plans that may affect the other party's interests;

hirers should offer and pay contractors remuneration that, considering the contract as a whole, the services to be performed and the general market for those services, enables the contractor to meet efficient operating expenses, receive a fair return for the contractor's own labour and a return on an investment.