Driver Subcontractor Agreement Template for Australia

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Key Requirements PROMPT example:

Driver Subcontractor Agreement

"I need a Driver Subcontractor Agreement for our interstate logistics company operating in New South Wales and Victoria, with specific provisions for heavy vehicle operations and comprehensive safety protocols for cross-border transport starting January 2025."

Document background
The Driver Subcontractor Agreement is essential for businesses operating in Australia that engage independent contractors for driving services. This document is particularly relevant in the transport, logistics, and delivery sectors where companies need to formalize relationships with independent drivers. It addresses key aspects including contractor status, service requirements, payment terms, insurance obligations, and compliance with Australian transport and safety regulations. The agreement helps protect both parties by clearly defining roles, responsibilities, and risk allocation while ensuring compliance with relevant legislation such as the Independent Contractors Act 2006 and Heavy Vehicle National Law. This document type is crucial for establishing clear boundaries between contractor and employment relationships while maintaining operational standards.
Suggested Sections

1. Parties: Identifies the principal company and the contractor, including full legal names and ABNs

2. Background: Outlines the context of the agreement, including the principal's business, contractor's services, and intention to create an independent contractor relationship

3. Definitions: Defines key terms used throughout the agreement

4. Engagement and Status: Establishes the contractor's engagement as an independent contractor and explicitly disclaims any employment relationship

5. Contractor Obligations: Details the contractor's primary responsibilities, including service standards, compliance with laws, and operational requirements

6. Principal's Obligations: Outlines the principal's responsibilities, including providing necessary information and support

7. Vehicle Requirements: Specifies vehicle standards, maintenance obligations, and compliance requirements

8. Safety and Compliance: Details safety requirements, compliance with road laws, and WHS obligations

9. Fees and Payment: Specifies payment terms, rates, invoicing procedures, and GST requirements

10. Insurance: Lists required insurance coverage and minimum insurance amounts

11. Term and Termination: Specifies contract duration, renewal provisions, and termination rights

12. Confidentiality: Protects confidential information of both parties

13. Liability and Indemnity: Allocates risk and establishes indemnification obligations

14. Dispute Resolution: Outlines process for resolving disputes between parties

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Non-Compete: Restrictions on working for competitors, used when contractor has access to sensitive information or client relationships

2. Performance Metrics: Specific KPIs and performance standards, included when the principal wants to measure and manage contractor performance

3. Equipment Provision: Terms for principal-provided equipment, included when the principal provides specific tools or equipment

4. Subcontracting: Rights and restrictions regarding further subcontracting, used when allowing or prohibiting the contractor from delegating work

5. Branding Requirements: Rules for use of principal's branding, included when contractor represents principal's brand

6. Technology Requirements: Specifications for use of principal's technology systems, included when contractor needs access to specific systems

7. Training Requirements: Mandatory training obligations, included when specific certifications or training are required

Suggested Schedules

1. Schedule 1 - Service Areas: Defines geographical areas where services are to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of payment rates, including base rates, additional charges, and any performance bonuses

3. Schedule 3 - Vehicle Specifications: Detailed requirements for vehicles, including age, size, and equipment specifications

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage amounts required

5. Schedule 5 - Operating Procedures: Detailed operational requirements and procedures

6. Schedule 6 - Performance Standards: Specific service levels and performance metrics

7. Appendix A - Required Forms: Standard forms for reporting, invoicing, and compliance documentation

8. Appendix B - Safety Procedures: Detailed safety protocols and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Transport & Logistics

E-commerce

Retail Distribution

Food Delivery

Courier Services

Freight & Cargo

Moving & Relocation

Last-Mile Delivery

Warehouse & Distribution

Construction Logistics

Mining Transport

Agricultural Transport

Relevant Teams

Operations

Legal

Compliance

Human Resources

Risk Management

Fleet Management

Procurement

Safety & Quality

Contract Administration

Logistics

Business Development

Relevant Roles

Operations Manager

Fleet Manager

Logistics Coordinator

Compliance Officer

Contract Administrator

Risk Manager

Transport Manager

Driver Supervisor

Procurement Manager

Legal Counsel

HR Manager

Safety Manager

Regional Manager

Business Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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