Contract Requirements – the Minimum Period of Notice of Termination may be Waived by the Small Business Commissioner

Under the Owner Drivers and Forestry Contractors Act 2005, owner drivers and forestry contractors who have been in an ongoing engagement for more than 3 months are entitled to a minimum period of notice of termination of their contracts (except in cases of serious and wilful misconduct). The period of notice may be worked out, or paid in lieu.

The minimum period required to be given by either party to terminate a contract is:
- 3 months' notice for vehicles in excess of 4.5 tonnes gross vehicle mass; and
- 1 month's notice for other vehicles.

If this notice requirement does not suit the owner driver or forestry contractor, the requirement can be waived by the owner driver or forestry contractor obtaining a Certificate from the Small Business Commissioner.

To download the waiver request form, click here.