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We launch High Court challenge to defend owner-drivers

Wednesday, April 06, 2016

You’ll be aware of our condemnation of the Road ‘Safety’ Remuneration Tribunal and our calls to repeal the Act. The government says it will defer the Act until 1 January 2017. Now the National Party says that it will move to repeal the laws in the next sitting of Parliament (starts 18 April) and hope that Senator Glenn Lazarus will join them.

But we’re not waiting for political games. This is too urgent. The Act allows the Tribunal to fix prices under commercial contracts of owner-drivers. This is an attack against small business people but has much broader and massive implications for the entire economy. A key to a properly functioning market economy is that businesses are free to decide the price for which they sell their goods and services. Impose price controls and we destroy a market economy. It’s anti-competitive.

We’re launching a High Court challenge. We’re saying that the Commonwealth doesn’t have the power to fix prices. That is, the Act is unconstitutional. In 1973 the people of Australia voted against a referendum attempt to give the Commonwealth price-fixing powers. This academic article from 1975 gives the background to the referendum. It says that “…it is beyond the constitutional competence of the Commonwealth to control prices…”

We must defend owner-drivers from this ‘evil’ attack against them. We must defend our economy. This is expensive. We are a volunteer organization. We need your help to fund the legal case.
  • Join ICA. Every $55 membership fee helps.
  • Contact us if you are able to help with a larger amount.
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