Understanding transport industry hours of work obligations is critical for employers in the road transport and distribution sector. The Road Transport and Distribution Award 2020 [MA000038] sets the minimum rules for how employers roster hours, schedule breaks, and calculate overtime. Getting this wrong can trigger Fair Work investigations, back-pay claims, and penalties exceeding $93,900 per serious contravention.

This guide breaks down the hours of work provisions every transport employer must follow under the award and the Fair Work Act 2009, including ordinary hours, breaks, overtime, penalty rates, and the right to disconnect.

Which Award Covers Transport Industry Employees?

The Road Transport and Distribution Award 2020 [MA000038] covers employers in road transport, distribution, warehousing, and logistics. This includes truck drivers, couriers, forklift drivers, and depot staff. Transport and logistics employment law advice can confirm your award coverage.

Ordinary Hours of Work Under the Road Transport Award

The award distinguishes between day workers and shiftworkers when setting ordinary hours.

Day Workers

Under clause 13, ordinary hours for day workers must not exceed 8 hours per day and must average 38 hours per week over the roster cycle. Ordinary hours must be worked between 6:30am and 5:30pm, Monday to Friday. Hours outside this span attract penalty rates unless the employee is engaged as a shiftworker.

The 8-hour daily maximum includes meal breaks. A worker rostered 7:00am to 3:30pm with a 30-minute break has worked 8 ordinary hours.

Shiftworkers

Shiftworkers may be rostered outside the 6:30am to 5:30pm span. Ordinary hours still average 38 per week, and shiftwork penalties under clause 22 apply to shifts finishing after 5:30pm or starting before 6:30am.

Break Entitlements for Transport Employees

Breaks are a commonly overlooked compliance area in transport operations, particularly for drivers on the road.

Meal Breaks

Under clause 16, employees must receive an unpaid meal break of 30 to 60 minutes, taken between 3.5 and 5.5 hours after starting work. If an employee works more than 5.5 hours without a meal break, all time worked after 5.5 hours until a meal break is taken is paid at 150% of the ordinary rate.

Rest Breaks

Paid rest breaks of 10 minutes are required for shifts over 6 hours. Drivers must also comply with fatigue management rest periods under heavy vehicle national law.

Overtime Provisions and Rates

Overtime applies when a transport employee works beyond 8 ordinary hours in a day or 38 hours in a week. The payroll compliance obligations require precise overtime calculation to avoid underpayment claims.

If an employee is required to work 2 or more hours of overtime immediately after ordinary hours, they must be allowed a paid 20-minute break before commencing overtime. This is frequently missed by employers and can result in back-pay claims if not rostered.

Penalty Rates for Weekend and Public Holiday Work

Transport employers who roster staff on weekends must apply penalty rates:

• Saturday ordinary hours: 150% of the ordinary rate for day workers
• Sunday ordinary hours: 200% of the ordinary rate for day workers
• Public holidays: 250% of the ordinary rate (275% for shiftworkers)

Casual employees receive 25% loading on top of these penalties. Factor this into roster planning and pricing.

The Right to Disconnect in Transport

Clause 14A of the Road Transport Award gives effect to s.333M of the Fair Work Act 2009, which provides employees with the right to disconnect from work contact outside their ordinary working hours. This right applied to employers with 15 or more employees from 26 August 2024 and to small business employers (fewer than 15 employees) from 26 August 2025.

For transport employers, this means managers cannot require drivers to answer calls or emails outside rostered hours unless the refusal is unreasonable. Calling a driver about a safety issue during an on-call period may be reasonable; emailing admin updates at 10pm is not.

Employers should review their after-hours communication policies and ensure compliance with the HR best practice guidelines on the right to disconnect.

Hours of Work Record-Keeping Obligations Under the Fair Work Act

Under Fair Work Act 2009 s.535, transport employers must keep records of all hours worked, including start and finish times, overtime, and breaks, for 7 years. For drivers, this includes timesheets and fatigue management records.

If records are incomplete, s.557 shifts the burden of proof to the employer in underpayment disputes. The employer must disprove the claim, which is difficult without complete timesheets. Fair Work Inspectors can issue compliance and infringement notices.

The free employment document templates from Fair Work Centre include timesheet and roster templates for transport employers.

Compliance Checklist for Transport Employers

To stay compliant under the Road Transport Award:

1. Verify award coverage: Confirm MA000038 applies and classify employees correctly.
2. Update pay rates: Apply the 4.75% increase from 1 July 2026.
3. Roster within limits: Keep day workers within 8 ordinary hours per day, 38 hours per week.
4. Schedule breaks: Meal breaks of 30-60 minutes between 3.5 and 5.5 hours after starting.
5. Calculate overtime: 1.5x for first 2 hours, 2x after that, with a 20-minute paid break before 2+ hours overtime.
6. Apply weekend penalties: Saturday 1.5x, Sunday 2x, public holidays 2.5x.
7. Update after-hours policies: Reflect the right to disconnect in dispatch arrangements.
8. Maintain records: Keep timesheets for 7 years per s.535.

Fair Work Centre provides employment law advisory services for transport employers, with direct access to experienced employment lawyers.