Tip Top bread delivery drivers say they are being forced into unsafe practices.

Delivery drivers in New South Wales say pay cuts are forcing them to work longer, leading to fatigue, and preventing them from properly maintaining their vehicles.

Bread delivery drivers in NSW are caught in a regulatory ‘black hole’ that dates back to the 1950s.

At that time, bread, milk and cream delivery was considered an essential community service, so special legislation was set up that excludes drivers from accessing the NSW Industrial Relations Commission.

Tip Top deals with drivers as independent contractors running their own businesses, so each driver must negotiate their own contracts.

The company uses an internal cost model to calculate weekly earnings, but does not reveal this process to the drivers, claiming it is “intellectual property”.

Drivers have complained that the amount they are paid per unit delivered has dropped steadily over the last decade.

If drivers are unhappy with their deal, the old essential services statute prevents them from bringing it to the NSW Industrial Relations Act.

Also, because they own their trucks, the drivers are responsible for maintenance and roadworthiness. With their pay dropping, some say they cannot afford to keep their vehicles in a safe condition.

The situation has led to calls for the NSW Government to change the Industrial Relations Act to give bread truck drivers access to the Industrial Relations Commission.

Industrial Relations Minister and Treasurer, Dominic Perrottet, said the Government would consider it.

“Following representations on behalf of affected workers, the Treasurer asked NSW Industrial Relations to explore options to address the issues raised, including the possibility of legislative amendment,” Mr Perrottet’s spokesperson told the ABC.