Innholdsfortegnelse for Issue 405 i Australasian Transport News (ATN)

It’s said that though the wheels of justice grind exceedingly slowly, they grind exceedingly fine. It’s a phrased pinched from Western philosophers two millennia ago and originally referred to the justice of the gods, not the Federal Court. The phrase, as you’d expect, underwent challenges, with some arguing that slow justice lets malefactors off the hook, with a nod towards the dictum of “justice delayed is justice denied”. Well, those injured when then federal agriculture minister Joe Ludwig oversaw the 2011 ban of live cattle exports have been vindicated in the Federal Court a mere nine years after the fact. In ‘gods-time’, that’s just a blink. After all, those early arguments were about justice being served on children and children’s children through the concept of ‘ancestral fault’ that the allegedly…

Toll Group’s latest cybersecurity incident has escalated to a data breach, with the logistics giant conceding an investigation has revealed the attackers stole some company information. Toll recently confirmed it was the victim of a cyber-attack involving ransomware known as ‘Nefilim’ after detecting suspicious activity. The company's investigation "established that the attacker has accessed at least one specific corporate server", it says. "This server contains information relating to some past and present Toll employees, and details of commercial agreements with some of our current and former enterprise customers. "The server in question is not designed as a repository for customer operational data. "At this stage, we have determined that the attacker has downloaded some data stored on the corporate server, and we are in the process of identifying the specific…

In one of the shortest communiques to come from the organisation, the Transport and infrastructure Council (TIC) has agreed to leave heavy vehicle charges at their current levels during the next financial year. The move by most of the nation’s transport ministers is greeted warmly by an industry that has seen many of its pleas come to fruition during the present economic crisis, including this one. "These charges, normally set to recover the heavy vehicle share of recent road expenditure, will not increase by the 2.5 per cent proposed last November," the single-issue communique, which has often covered around eight issues, states. "Transport ministers have taken this decision in light of the extraordinary contraction in economic activity and income expected for the June quarter. "By freezing charges, Council will support…

Container Transport Alliance Australia (CTAA) and Freight & Trade Alliance/Australian Peak Shippers Association (FTA/APSA) have issued trenchant responses to Victoria’s proposed Voluntary Port Of Melbourne Performance Model (VPPM) and draft protocol for stevedore access charges. Championed by state ports and freight minister Melissa Horne following the Deloitte Pricing and Access Review, the VPPM, if adopted, will help cement in Victoria forced charges on imports and exports and the collection mechanism that have yet to be formally agreed on by state governments. Though transport has gained some clarity, FTA/APSA highlights that the financial and operational burden remains, not least on the trading companies and shippers "who ultimately pay the bills". "A monitoring process to oversee further price increases is NOT the answer – a sentiment that FTA / APSA has consistently…

Scania director Karin Rådström is to be the new director responsible for Mercedes-Benz Trucks as a Daimler Truck board member from next year. Rådström succeeded Stefan Buchner, who has decided to retire after more than 30 years at the company, on May 1, 2021. Rådström joins Daimler Truck from Scania, where she has been an executive board member, responsible for sales and marketing, since last year. Sweden-born Rådström started at Scania as a trainee in 2004 after graduating with a Master of Engineering in Industrial Management from the Royal Institute of Technology in Stockholm. Since 2007, she has held various managerial positions within Scania’s sales and service organization including the head of the company’s bus and coach business as well as starting up the connected vehicle business.…

Former Linfox and Toll Group executive Shaun Mooney has been appointed Port of Melbourne’s executive general manager, commercial. Mooney has oversight of property and business development and reports to CEO Brendan Bourke. He was most recently general manager commercial projects at Linfox, and before that spent 18 years at Toll in a variety of roles in finance and commercial, domestic forwarding, and global automotive and industrials. In a statement, Port of Melbourne says Mooney brings expertise to the delivery of its strategic objectives, including optimising on-port productivity and increasing capacity to respond to demand growth. Mooney’s tenure starts next month on July 20.…

The recent decision of the Full Court of the Federal Court in WorkPac Pty Ltd v Rossato means that employers should look for problems associated with engaging employees on what were intended to be casual arrangements but which subsequently turn out to be categorised as permanent employment. The case has negative financial implications for many Australian road transport businesses. Some lawyers are saying that the outcome represents “business as usual” because the court adopted the common law definition of a casual worker. But NatRoad’s stance is that if an employee is engaged under a modern award as a casual and is paid the casual loading, then they are engaged and paid as a casual in accordance with the award and they shouldn’t therefore be able to “double dip”. If the…

Like so many family transport businesses in every part of the country, Warners Transport & Distribution in the Perth industrial suburb of Forrestfield grew from humble beginnings on the back of hard work mixed with ample loads of self-belief. Typically, it was an inauspicious start for Len Warner and wife Denise. The mid-90s saw Australia finally breaking through ‘the recession we had to have’, and also saw Len put life as an interstate owner-driver behind him as the couple developed a small local distribution and storage business with a modest line-up of second-hand rigid trucks. In time, opportunities would arise to expand the company’s horizons and there was no shortage of willingness to diversify into other transport fields, including long distance runs into Western Australia’s burgeoning north and beyond. Yet…

A truck driver has been awarded $764,000 in damages for debilitating back injuries after being made to use a work vehicle with a defective seat. Despite previously experiencing back issues, the Brisbane Supreme Court found Daniel John Peebles, 38, suffered a 'disabling' condition while working for the now-defunct Kurtz Transport, due to the latter’s failure to provide safe plant and equipment. Judge Jackson cited Peebles’ regular journey from Rocklea to Wandoan along the Warrego Highway in a Western Star truck, with a seat that moved only a third of the way from its rear position, as culminating in a May 2014 flashpoint. "Because of that, the plaintiff let the air out of the air suspension mechanism for the seat, to assist him to reach the clutch pedal with his left…

A recent Federal Court decision reignites the discord between unions and employer groups on the labelling of ‘casual’ work. The landmark WorkPac v Rossato case rules that casual workers who have regular and ongoing work have a right to claim paid annual leave, personal/carer’s leave and compassionate leave and payment for public holidays in addition to casual loading, and that an employer couldn’t offset the casual loading to reduce liability for paid leave. Essentially, an employee engaged as a casual, and paid a casual loading, does not necessarily make them a ‘casual employee’ for the purposes of annual leave entitlements under the Fair Work Act. This landmark court decision upholds the key principle of the August 2018 WorkPac v Skene decision that work ‘permanent’ in nature is not ‘casual’ employment.…

Businesses with a total annual income of more than $100 million would be required to report on how and when they pay their small business suppliers, following legislation introduced to Parliament recently. The Payment Times Reporting Bill 2020 will also ask large businesses to detail their use of supply chain financing practices to highlight when used to extend payment times. The legislation is estimated to cover around 3,000 businesses, including foreign companies that operate in Australia, as well as certain government enterprises. Minister for employment, skills, small and family business Michaelia Cash believes the bill strikes the right balance of providing transparency for small businesses without creating a "counterproductive regulatory burden" for large business. "With the impact of Covid-19, it is even more important that large businesses, as stewards of…

The NSW government’s decision to remove Cooks River Intermodal Terminal (CRIT) ramps from the Sydney Gateway project remains flawed and its defence by Transport for NSW (TfNSW) has damaged the department’s reputation, a grand alliance of freight transport and logistics groups charges. The grouping comprises the Australian Logistics Council (ALC), Australian Trucking Association (ATA), Container Transport Alliance Australia (CTAA), Freight & Trade Alliance (FTA), Road Freight NSW (RFNSW) and Shipping Australia Limited (SAL) reacts with trenchant criticism to the NSW government’s the Sydney Gateway Road Project: response to submissions report. That report seeks to explain the department’s thinking following submissions received on the Environmental Impact Statement (EIS) and draft Major Development Plan (MDP) for Sydney Gateway. "The response admits that heavy vehicles travelling between Australia’s largest empty container facility the…

Listed aftermarket parts firm Bapcor has enlisted ex-Toll executive Noel Meehan to succeed retiring incumbent Greg Fox as the chief financial officer. Meehan joins with a resume most recently comprising two years as Toll CFO, with further stints as Treasury Wine Estates CFO, finance executive at Orica Limited and various positions at Qantas. He is a fellow of the Australian Society of Certified Practising Accountants and a member of the Australian Institute of Company Directors. “Following an extensive executive search, Bapcor is very pleased to welcome Noel Meehan to our executive management team,” Bapcor managing director and CEO Darryl Abotomey says. “Noel’s strong financial and business background is an excellent fit for Bapcor.” A handover period will precede Meehan taking over on July 1.…

An initiative by industry, for industry, the Australian Trucking Association’s TruckSafe accreditation scheme has been improving the safety and professionalism of trucking operators nationwide since 1990. With no other road transport accreditation scheme being as comprehensive or robust, TruckSafe has a long history of leading industry safety and raising the bar for businesses. As we face the coronavirus epidemic and the recovery process, it is important now, more than ever, to uphold best practice safety. One of the biggest advantages of being an accredited member of TruckSafe is that our members are externally audited. These external audits assure our members that their systems are working and effective. They can be used as evidence to show the business is compliant with the Heavy Vehicle National Law and that its executive officers…

While there’s no denying that the current economic situation is dire, Melbourne transport company Lawson Sideloader Services is set to outperform amid the pandemic. A specialist in shipping container transport across metropolitan Melbourne, the company has its eyes set on a national expansion, having recently opened operations in Sydney and Brisbane. Founder and managing director David Eroglu is proud of his team, saying many have worked tirelessly to help move into the 8,000 square metre Sydney facility in April, which was originally planned for a February opening. “We delayed it because of the virus. It was actually going to get worse before getting better so we figured let’s just do it as we had a lot of equipment ready to go,” Eroglu says. “At Lawson Sideloader Services, we are fully…

While the International Logistics business segment, made up of Toll, JP Toll Logistics and Toll Express Japan, had seen fair conditions the previous financial year, a combination of global issues have converged for a A$244 million earnings before interest and tax (EBIT) reversal and plunged it firmly into the red. "Operating income decreased, affected by a decrease in the volume handled due to the spread of Covid-19, as well as targeted cyber-attacks suffered by Toll in January 2020, amid persistently slow growth in the Australian economy," JP says of the segment that reports in Australian dollars and Japanese Yen. "Fixed costs such as personnel expenses weighed on income, resulting in a net operating loss (EBIT) of A$117 million. "Extraordinary losses were also recorded, including losses on impairment of fixed assets."…

The National Heavy Vehicle Regulator (NHVR) has relaunched its online Chain of Responsibility (COR) assessment tool for heavy vehicle operators to identify gaps in their safety systems. The Gap Assessment Tool is now updated and simplified to assist operators to examine their current systems against known risks and recognised best practice. It also includes a number of new features, including: • new bus-specific version to provided targeted guidance for the bus industry • simplified recommendations which link to NVHR resources, website information, and external material such as the Load Restraint Guide and the Master Industry Code of Practice • links to relevant National Heavy Vehicle Accreditation Scheme material • new easier-to-read format • links to quick briefs and relevant sections of Heavy Vehicle National Law. "The Tool includes a number…

A truck driver who took Qube Logistics to the Victorian Civil and Administrative Tribunal (VCAT) over an alleged breach of the Equal Opportunity (EO) Act due to race discrimination has had his case thrown out. The applicant, who describes himself as Caucasian, claims he was indirectly and directly discriminated against due to company recruitment policy, and preferential treatment by a transport manager towards a fellow driver, both of whom he described as being of Indian descent. Part of the applicant’s claim included that, as a multi combination licence holder, on occasion he was forced into lower grade work when compared to his colleague, "in effect a demotion in rank and status". Further, he alleged additional victimisation for his objection to the proportion of Qube staff of Indian descent, which he…

I am going to try and explain a very important point using the example of the automobile. A car is a wheeled motor vehicle used for transportation. It runs primarily on roads, seats between one and eight people, and mainly transports people rather than goods. That is what it was when Karl Benz patented his Benz Patent-Motorwagen in 1886 and that’s what it remains today, almost 150 years later. Cars have controls for driving, parking, passenger comfort and safety, and controlling a variety of lights. Over 150 years, we’ve added additional features and controls like rear reversing cameras, air conditioning, satellite navigation and in-car entertainment. We’ve figured out new powertrains for them and new kinds of fuels, but they essentially remain the same as when they were first invented –…