Employers have a legal responsibility to look after their workers, not just while they’re on site, but also when they’re travelling for work or carrying out tasks before their shift officially starts.
Getting these details right is essential for compliance with the Fair Work Act 2009 (Cth), Work Health and Safety (WHS) laws, and state and territory Workers’ Compensation Acts. Let’s unpack what this means in practice for employers and employees.
The Two Core Duties Every Employer Has
No matter the industry or job type, employers have two key obligations when it comes to travel and pre-shift work:
- Pay for all hours worked
Employees must be paid for any time they spend performing work-related duties, even if it happens outside rostered hours or before they officially “clock on.”
- Ensure health and safety for all work-related activities
Employers have a duty of care to protect workers’ health and safety while they are at work, and that includes time spent travelling as part of their job.
Health and Safety When Travelling for Work
Under the Work Health and Safety Act 2011 (Cth), employers must do everything reasonably practicable to keep workers safe. This doesn’t stop at the worksite gate, it extends to any work-related travel.
Employers should:
- Provide safe vehicles and equipment.
- Manage risks such as fatigue, weather conditions, and long driving hours.
- Offer journey management plans and ensure rest breaks are built into schedules.
- Have emergency communication and check-in systems for remote or regional travel.
If a worker is travelling between sites or visiting clients, that journey is part of their job, meaning both safety obligations and workers’ compensation coverage apply.
Do You Have to Pay for Travel Time?
Not all travel is created equal in the eyes of the law. Here’s how it breaks down:
| Travel Type | Paid Time? | Covered by WHS / Workers’ Comp? | Notes |
| Ordinary commute (home to regular workplace) | No | Usually not | Normal commuting time isn’t paid or covered |
| Travel between worksites or to off-site duties | Yes | Yes | Paid as work time and covered for safety and insurance |
| Collecting work vehicle or tools before shift | Yes | Yes | Counts as pre-shift work |
| Overnight or interstate travel for work | Yes | Yes | Paid for duties and travel within ordinary working hours |
If the travel occurs after the employee has started work or is part of their duties, it must be paid.
Paying for Pre-Shift Work
Pre-shift work is one of the most common compliance blind spots for employers.
Under the Fair Work Act, if an employee performs any work-related activity before or after their rostered hours, and it’s required or expected, that time must be paid.
Examples include:
- Attending pre-start or toolbox meetings.
- Logging into computer systems or checking emails before a shift.
- Setting up tools or workstations.
- Conducting pre-start vehicle or safety checks.
- Collecting materials or equipment for the day.
Even short pre-shift tasks count as “time worked” and must be recorded and paid at the appropriate rate (ordinary or overtime).
Failing to pay for this time can lead to Fair Work Ombudsman investigations, back-pay orders, and financial penalties.
Integrating Pay and Safety Obligations
Travel and pre-shift work policies should connect payroll, HR, and safety obligations. Here’s how they fit together:
| Area | Employer Responsibility | Legal Basis |
| Safety during travel | Manage driving and fatigue risks, ensure vehicle safety | WHS Act 2011 |
| Payment for work-related travel | Pay for travel time when it’s part of duties | Fair Work Act 2009 |
| Payment for pre-shift work | Pay for all duties performed outside rostered hours | Fair Work Act 2009 |
| Workers’ compensation | Ensure cover for all work-related travel and duties | State/Territory laws |
| Record keeping | Maintain accurate timesheets and records of hours worked | Fair Work Regulations 2009 |
Best Practices for Employers
To stay compliant and fair:
- Define start and finish times clearly in contracts and policies.
- Pay for any required work before or after official shifts.
- Assess travel risks, especially for field staff and remote workers.
- Keep records of all hours worked and travel time.
- Maintain vehicles and equipment used for work-related travel.
- Provide fatigue management training and schedule adequate rest breaks.
Real-World Example
A field technician collects a company ute from the depot at 7:30 a.m., attends a short safety meeting, then drives to the first job site. The rostered start time is 8:00 a.m.
In this case:
- The pre-start meeting and vehicle checks are paid work.
- The travel between the depot and job sites is paid time.
- The employer must ensure the vehicle is safe and insured, allow adequate breaks, and provide workers’ compensation cover during travel.
Final Thoughts
Employer obligations around travel, safety, and pre-shift work go hand in hand. The key takeaway is simple, if a worker is performing duties or travelling as part of their job, that time is work time, and it must be both safe and paid.
By taking a proactive approach to managing travel risks, recording hours accurately, and compensating fairly, employers not only comply with the law but also build trust and protect their workforce.
