Truck pay battle continues in court 20160406 p5u7wz.html – Breaking News & Latest Updates 2026
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Truck pay rate war wages on

AAP

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Controversial changes to minimum pay rates for self-employed truck drivers are still in legal limbo as the Turnbull government looks to push them into the new year.

The Road Safety Remuneration Tribunal's changes to so-called owner-drivers' minimum rates were initially set to be introduced on Monday but have been stalled by a court injunction.

If allowed to take effect, some fear the rates will devastate the industry by pricing smaller operators out of the competition with Employment Minister Michaelia Cash claiming to have been inundated with calls from grown men in tears over the tribunal decision.

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She plans to introduce a bill to delay the introduction of the new rates until January 1, 2017 when parliament resumes but will need six crossbench senators support to pass it.

At least three of those - independent senators Glenn Lazarus, Nick Xenophon and Liberal Democrats senator David Leyonhjelm - have questioned the Labor-initiated tribunals role and flagged support for the incoming bill.

For his part, Senator Lazarus has even pledged to bring his own private bill to parliament to ditch the body if Senator Cash's proposal fails.

It comes after an application from the National Road Transport Association, echoed by a similar Australian Industry Group bid, successfully netted a last-minute stoppage to the new rates in the Federal Court last week.

However, the Transport Workers Union in turn applied for the stay to be lifted, claiming the uncertainty needed to be resolved and the pay system would improve safety standards.

Lawyers for the industry bodies, which have the backing of the federal government, argued that a continuing stay should be granted at a hearing in Brisbane on Wednesday.

The court heard suggestions for a gradual introduction of the new conditions were not properly weighted given their "transformative" impact.

It also heard claims the tribunal's order could take irreversible legal effect and have irreparable consequences for a vast number of individual drivers if no further stay is granted.

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But legal counsel for the TWU, as a respondent alongside the tribunal, argued there was insufficient evidence of the exceptional circumstances needed for the three-judge bench to further delay the reforms.

The decision was reserved until Thursday afternoon, with a further hearing set down for May.

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