Driver Contract of Employment

What is a driver contract of employment?

A driver employment contract is a legally binding document under which the employer hires a driver to perform regular tasks under the supervision of the employer. A standard personal or truck driver contract of employment defines scope of duties, working schedule, remuneration and superannuation; insurance details; compensation of overtime work; termination; and dispute resolution process.

This type of agreement is an essential document for hiring various types of drivers and couriers for transport, logistics and other types of businesses operating in Australia. A solid driver contract template for employment ensures compliance with Australian employment laws, including the Fair Work Act 2009.

Who should use this driver contract template?

The present document can be used on a daily basis by:

• logistics and transportation companies willing to hire truck, delivery or courier drivers on a daily basis;
• delivery service providers looking for a compliant delivery driver employment contract template to hire new drivers;
• HR managers searching for a standard driver contract of employment sample for daily operations;
• other businesses that are willing to engage professional drivers to facilitate internal processes.

The present document shall be used only for the employment of various types of drivers in Australia. If the business is willing to engage a driver as an independent contractor, in that case a service agreement for the provision of driving services should be used instead. For hiring other types of employees, a general employment contract should be used instead.

What should be included in a driver employment contract?

A standard driver employment contract template must include:

• Job Description. In this section the employer must outline the name of the role, key responsibilities and main requirements for the role, such as insurance, driving licence, etc.
• Salary. Every driver contract template shall provide the amount of remuneration in Australian dollars, information about any additional bonuses, overtime payments and superannuation.
• Sick & Annual Leave. Under the Fair Work Act 2009, the employer must provide their employees with paid annual vacation leave and sick leave in an amount not less than provided in enterprise awards or the National Employment Standards.
• Role Requirements. This section of a contract outlines the list of additional requirements and internal company’s policies a driver shall comply with, including GPS consent, confidentiality, sobriety tests, etc.
• Termination Clause. The employment agreement shall outline in which cases the employment can end. While a driver can end the employment contract at any time by simply serving a prior written notice, an employer does not have such freedom. The termination of an employment contract by the employer is usually subject to the limited number of conditions provided in the Fair Work Act.

Why does your business need a driver employment contract?

Having a solid and professionally drafted driver contract of employment sample provides Australian businesses with the following benefits:

• clarifies the list of duties for a driver;
• ensures strong compliance with laws, including the Fair Work Act 2009 and the Work Health and Safety Act 2011;
• reduces potential disputes between employers and employees;
• serves as a uniform legal proof in case of a court dispute between the parties;
• sets up clarity of employment arrangement for both parties;
• legally protects the employer’s vehicles, products or goods against loss, damage or mismanagement.

Why choose a driver employment contract template?

The present document template provides businesses and employers across Australia with the following benefits:

• a document created by real legal professionals and never by AI;
• a document that is 100% tailored to the needs of your business;
• a customisable document for various types of drivers, including truck, courier, personal, taxi, delivery, etc.;
• a document that can be used in all Australian states and territories;
• a template that can be reused multiple times for similar hires;
• a document that saves legal costs.

Types of driver employment contracts in Australia

While most driver contract templates include similar clauses, industry-specific elements may still be essential for creating a solid and complete employment contract for a specific type of driver.

• Courier driver contract template. For this type of employment agreement, it is common to include additional bonuses for the delivery of a specific number of orders. Along with a fixed driver’s compensation package, the contract may provide additional weekly, monthly or quarterly bonuses.
• Truck driver employment contract template. For truck drivers driving for long distances, a typical employment contract shall provide mandatory breaks to improve fatigue management of drivers over long distances.
• Personal driver employment contract template. This type of contract may include an additional confidentiality clause obliging a driver to keep sensitive and private information about the employer undisclosed. Such information includes information about family members, usual daily routines, places of leisure, shopping, etc. It is also common to sign a separate confidentiality agreement to add an extra layer of protection.
• Taxi driver contract template. This type of contract shall clearly stipulate the state or territory within which a taxi driver is allowed to process orders. On top of that, some employers may strictly prohibit use of a working car for personal purposes within or outside working hours.

Additional insights for Australian driver employment contract template

It is common for many employers across Australian to omit inclusion of certain clauses that form an essential part of employment relations with a driver, such as:

Chain of Responsibility (CoR) Clause

Under the Heavy Vehicles National Law, both employers and drivers have to ensure compliance with the road transport rules. The law imposes an additional obligation on employers to instruct and educate drivers about the safety standards of driving. Drivers, in turn, are required to remain vigilant while operating trucks and lorries at all times across Australia.

GPS Consent

Most logistics companies usually include a GPS consent into a truck driver’s employment contract template. Such consent allows employers to legally track a driver’s position and location, as well as the route taken. Having a proper consent clause in the employment contract not only ensures the safety of goods or products being transported by the driver but also compliance with Australian Privacy Laws.

Driving Licence

If you need a personal, courier or truck driver contract of employment, the validity of a driving licence should be checked first. The typical employment contract template with a driver must include an additional clause obliging a driver to maintain their driving licence up-to-date. Failure to comply with this clause provides an employer with the right to immediately terminate the employment relationship.

How to customise this driver contract template with FasterDraft?

To get a fully customisable document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – driver employment contract PDF or ord.
4. E-sign the document online.
5. Make a payment.

The document is ready for instant download immediately after the purchase.