What is a freight broker?

A freight broker is a broker or agent that procures or arranges the engagement of an owner driver or forestry contractor by a hirer. This includes online platforms that facilitate the engagement of owner drivers or forestry contractors by hirers.

Freight brokers in the transport and forestry industries have legal obligations under the Owner Drivers and Forestry Contractors Act 2005 and the Owner Drivers and Forestry Contractors Regulations 2017. It is important to fully understand these obligations.

Offences apply to freight brokers who do not comply with their obligations under the Act. Enforcement actions may include warning notices, penalty infringement notices and, in more serious cases, litigation.

Wage Inspectorate Victoria is responsible for monitoring compliance with the Act and Regulations.

Obligation to provide information

The Owner Drivers and Forestry Contractors Act 2005 sets out a number of requirements to ensure owner drivers and forestry contractors have important information about their business and their contracts.

Freight brokers that procure or arrange the engagement of an owner driver or forestry contractor by a hirer must make sure the owner driver or forestry contractor has:

• a copy of the information booklet that applies to their industry
• the rates and costs schedule that relates to their vehicle or equipment

Freight brokers must give this information to owner drivers and forestry contractors:

• at least 3 business days before the owner driver or forestry contractor is engaged, if they will be engaged for a period of at least 30 days, or
• on the 30th day, if the owner driver or forestry contractor is engaged for a total period of at least 30 days in any 3-month period

Freight brokers must give tip truck owner drivers working in the building and construction industry (regardless of how long they will be engaged for):

• a copy of the owner driver information booklet at least 3 business days before the tip truck driver is first engaged. Unless it is revised, it does not need to be provided for subsequent engagements through the same freight broker
• a copy of the relevant rates and costs schedule at least 3 business days before the tip truck driver is first engaged. Unless it is revised, it does not need to be provided for subsequent engagements through the same freight broker if the interval between engagements does not exceed 12 months

A freight broker must also provide any new versions of the relevant rates and costs schedules published by the Victorian Government to owner drivers and forestry contractors as soon as possible after publication.

How to provide these resources

The rates and costs schedules and information booklet can be provided in hard copy or electronic form. You could provide a link to this webpage, or you could download the documents from this website as PDFs or Word documents and provide them in that format.

You could also print the documents and provide them by mail or in person.

It is important to keep good records to show you have complied with the Act (see section on record-keeping below).

Download a copy of the owner drivers information booklet:

• Victorian Forestry Contractors Information Booklet (PDF 474.63 KB)
• Victorian Forestry Contractors Information Booklet | accessible version (DOCX 182.96 KB)

Download a copy of the forestry contractors information booklet:

• Victorian Forestry Contractors Information Booklet (PDF 474.63 KB)
• Victorian Forestry Contractors Information Booklet | accessible version (DOCX 182.96 KB)

Penalties

The maximum penalty for failure to provide an information booklet to a contractor before entering into a contract is:

• $4,130.50 in the case of a body corporate
• $826.10 in any other case

The maximum penalty for failure to provide the relevant rates and costs schedule to a contractor before entering into a contract is:

• $4,130.50 in the case of a body corporate
• $826.10 in any other case