Transport Industry - General Carriers Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 1202 of 2008)

 

 

VARIATION

 

1.        Delete Schedule 2 of the Contract Determination published 19 December 1984 (235 I.G. 1611), and insert in lieu thereof the following:

 

SCHEDULE 2

 

Procedure and Time for Adjustments of Rates and Amounts

 

(1)      The rates prescribed in Schedules 1 and 4, together with the additional amounts in Schedule 3, shall be adjusted with effect from 1 June and 1 December each year or as provided in this Schedule.

 

(2)      The Union shall make application to the Industrial Commission for a variation in rates and amounts in sufficient time for the variation to be made on or before 1 June and 1 December each year. Notwithstanding anything contained in this Schedule, a variation shall not be retrospective in operation but shall operate from a date not earlier than the date upon which it is made.

 

(3)      The parties to this Determination shall confer with a view to reaching agreement on the variation. In default of agreement the rates and amounts shall be determined by the Industrial Commission.

 

(4)      The first adjustment shall operate from 1 July 1984.

 

(5)      The initial rates and amounts in the Contract Determination shall be deemed to take into account all costs and movements up to 31 October 1982.

 

(6)      The adjustment to be made from 1 December shall take into account all movements in costs occurring and indices published up to the preceding 31 October and the adjustment from 1 June shall take into account all movements in costs occurring and indices published up to the preceding 30 April.

 

(7)      Each variation after the first variation shall be based upon the rates and amounts in the immediately preceding variation.

 

(8)      If any one of the below listed components, except for fuel, changes such that it causes an increase in the total remuneration of 5 per cent or more from the date of the last variation, an interim adjustment may be made.

 

(9)      The components of remuneration shall be adjusted upwards or downwards according to the following schedule:

 

Component	Method of Adjustment
1. Wage Factor	Adjust according to the actual percentage change
2. Sick Leave	in the General Rate of Pay for a Transport
	Worker Grade Three as per Table 1, Wages of
	Part B - Monetary Rates contained in the
	Transport Industry (State) Award.
3. Return on Capital	Adjust by the average Percentage Change in the
4. Depreciation	price of a Sterling Louisville Prime Mover, an
5. Lease Cost	Isuzu FTR 800 and a Holden Rodeo CC LX (or
	comparable vehicle replacing any of these
	vehicles) as determined by "The Red Book".
6. Registration and C.T.P.	Adjust by the average Percentage Change in the
	registration/CTP charges for a Sterling Louisville
	Prime Mover, an Isuzu FTR 800 and a Holden
	Rodeo CC LX (or comparable vehicle replacing
	any of these vehicles).
7. Insurances	Adjust according to the Percentage Change as per
	the ABS CPI Transportation Sub Group "Vehicle
	Insurance".
8. Administration	Adjust according to the Percentage Change as per
	the ABS CPI Sydney(All Groups).
9. Fuel	Adjust according to the Percentage Change as per
	the AIP NSW State weekly average for the retail
	price of diesel excluding GST.
10. Tyres	Adjust according to the Percentage Change as per
	the ABS CPI Transportation Sub Group ‘Motor
	Vehicle Parts and Accessories’.
11. Repairs and Maintenance	The Adjustment shall be based upon the following
	index:
	Labour: 67
	Parts: 33
	Total 100
	"Labour" is adjusted according to the percentage
	increase in a mechanic's wage under the Metal,
	Engineering and Associated Industries (State) Award.
	"Parts" is adjusted by application of the movement
	in the Consumer Price Index (All Groups), Sydney.

 

(10)     The formula for an adjustment shall be as set forth in the Exhibit to IRC Matter No. 691 of 1984.

 

(11)     The additional amounts in Schedule 3 - Additional Amounts, shall be adjusted by application of the movement of the Consumer Price Index (All Groups), Sydney.

 

(12)     Cost Recovery for variations in the Price of fuel:

 

(1)      The parties to this determination recognise that, due to the changed nature of the pricing of fuel, including recent significant fluctuations in the price of fuel, it is necessary that variations to rates of remuneration to take into account changes in the price of fuel occur in a timely and efficient manner.

 

(2)      Notwithstanding any other provisions of this determination, the parties to this determination agree that any party to this determination may make an application to the Industrial Relations Commission of New South Wales to vary rates of remuneration to account for changes in the price of fuel only, on the following basis:

 

(a)      an application to vary rates of remuneration for changes in the price of fuel may be made at any time, provided that the date upon which any rate adjustment is sought to become operative is at least one calendar month after the last occasion upon which a fuel rate adjustment became operative;

 

(b)      subject to paragraphs (c) and (d) below, the rates of remuneration shall vary using the existing rise and fall formula for the price of fuel in this determination;

 

(c)      it is not a requirement of any such application that the rate adjustment sought for fuel only be one which is either below or above any minimum threshold amount; and

 

(d)      the agreed benchmark for the price of fuel shall be the Australian Institute of Petroleum NSW weekly average for the retail price of diesel for the week ending immediately prior to the date of filing the application excluding GST.  Should the agreed benchmark become unavailable the parties shall determine an alternative appropriate benchmark.

 

(3)      The parties to this determination shall take all necessary steps to enable an application made pursuant to subclause (2) hereof to be heard and determined at the earliest possible time, including but not limited to consenting to have the Industrial Relations Commission of New South Wales hear and determine any such application within 48 hours from the initial listing of the application.

 

(4)      The fuel index, reflecting current rates, is 139.5 cents per litre. This index is exclusive of GST.

 

2.        This variation shall take effect on and from 4 November 2008.

 

 

 

 

R. P. BOLAND  J, President

M. J. WALTON  J, Vice-President.

F. MARKS  J.

 

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.