|Interaction with Road Transport and Distribution Award|
The coverage clause of the LDO Award does not defer to, or exclude, any other modern award. This is to be contrasted with the RTD Award (at clause 4.2 of that award) that expressly excludes the “LDO Award whilst undertaking long distance operations”.
By reading together and comparing the respective coverage clauses of the LDO and the RTD awards, it is clear that the LDO Award prevails over the RTD Award for long distance operations.
As its name implies, the LDO Award defines a long distance operation, the essential elements of a long distance operation involve either:
In other words, if a road transport journey does not involve one of the above elements, then it will not be a long distance operation as defined, in which case the RTD Award will most likely apply.
Given the nature of the industry, there can be some overlap between these 2 awards. In fact, sub-clause 14.1(c)(i) of the LDO Award specifically acknowledges this and allows an employee to move from the RTD Award to the LDO Award by the payment of an allowance on each occasion that such employee changes from ‘local’ to long distance work.
When engaged on a long distance operation, drivers can be paid on a trip basis as specified in sub-clauses 13.4 and 13.5 of the LDO Award. These trip payments which can either be cents per kilometre “CPK” or hourly based payments at the employer’s discretion only apply to the journeys specified in those sub-clauses. Any other journeys must be paid on an hourly basis for the actual time driven.
Further, a long distance driver must be paid for any ‘loading/unloading’ work, if performed, at the mandated rates specified in sub-clause 13.6 of the LDO Award.