Section 40D — Fair Work Act 2009: The road transport objective

In performing a function or exercising a power under this Act, the Expert Panel for the road transport industry must take into account the need for an appropriate safety net of minimum standards for regulated road transport workers and employees in the road transport industry, having regard to the following: (a) the need for standards that ensure that the road transport industry is safe, sustainable and viable; (b) the need to avoid unreasonable adverse impacts upon the following: (i) sustainable competition among road transport industry participants; (ii) road transport industry business viability, innovation and productivity; (iii) administrative and compliance costs for road transport industry participants; (c) the need to avoid adverse impacts on the sustainability, performance and competitiveness of supply chains and the national economy; (d) the need for minimum standards in road transport contractual chains. This is the road transport objective. Note: The matters that must be dealt with by the Expert Panel for the road transport industry are matters relating to modern awards relating to the road transport industry, road transport minimum standards orders and road transport contractual chain orders (see subsection 617(10B)). The President also has a discretion to direct the Expert Panel for the road transport industry to deal with a matter (see subsection 617(10D)).