Trucking Subcontractor Agreement Template for Australia

The Trucking Subcontractor Agreement is essential for Australian transport companies engaging independent contractors for freight delivery services. This document is specifically designed for use when a transport company (principal contractor) needs to formally engage independent truck operators or small trucking businesses as subcontractors. The agreement ensures compliance with Australian legislation including the Heavy Vehicle National Law, Independent Contractors Act 2006, and Work Health and Safety regulations. It covers crucial elements such as service obligations, payment terms, compliance requirements, insurance obligations, and operational procedures. The document is particularly relevant in situations where regular or ongoing transportation services are required, and a clear framework for the contractor relationship needs to be established while maintaining compliance with Australian regulatory requirements.

1. Parties: Identifies the principal contractor and subcontractor, including their legal names, ABNs, and registered addresses

2. Background: Sets out the context of the agreement, including the principal's business, subcontractor's services, and intention to enter into a contracting relationship

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpreting the document

4. Engagement and Status: Establishes the subcontractor's engagement as an independent contractor and confirms non-employment relationship

5. Term: Specifies the duration of the agreement, including start date, initial term, and renewal provisions

6. Services: Details the transportation and delivery services to be provided by the subcontractor

7. Subcontractor Obligations: Lists key responsibilities including compliance with laws, maintenance of vehicles, and service standards

8. Principal's Obligations: Outlines the principal's responsibilities including providing work orders, access to facilities, and payment

9. Work Health and Safety: Details safety requirements, compliance with WHS laws, and incident reporting procedures

10. Fees and Payment: Specifies payment terms, rates, invoicing procedures, and payment timing

11. Insurance and Indemnity: Sets out required insurance coverage and indemnification obligations

12. Compliance with Laws: Requires compliance with relevant legislation, including Heavy Vehicle National Law

13. Termination: Specifies circumstances for termination, notice periods, and consequences of termination

14. Confidentiality: Protects confidential information of both parties

15. Dispute Resolution: Establishes process for resolving disputes between parties

16. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law