Transport Industry - General
Carriers Contract Determination
INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
Application by Transport
Workers' Union of New South Wales, Industrial Organisation of Employees.
(No. IRC 2080 of 2008)
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Before The Honourable
Justice Marks
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3 December 2008
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VARIATION
1. Delete Schedules
1 to 4 of the Contract Determination published 19 December 1984 (235 I.G.
1611), and insert in lieu thereof the following:
SCHEDULE 1
RATES OF
REMUNERATION
(i) It is expressly
noted that the rates of remuneration in Schedules 1 and 4 have taken into
account, and include payment, for the following factors:
1. Wages - based
on 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.
2. Overtime - in
excess of 40 hours each week.
3. Annual Leave.
4. Long Service
Leave.
5. Public
Holidays.
6. Picnic Day.
7. Sick Leave.
8. Return on
capital invested.
9. Depreciation.
10. Lease Costs.
11. Registration and
compulsory third party insurance.
12. Comprehensive
insurance.
13. Public liability
insurance.
14. Personal
accident insurance.
15. Administrative
overheads.
16. Fuel.
17. Oil.
18. Tyres.
19. Repairs and
maintenance.
20. Industry -
specific allowances.
(ii) Where:
(a) a carrier
performs a contract of carriage within the area, incidence and duration of this
determination; and
(b) the carrier is
eligible to claim a rebate pursuant to the Commonwealth Government’s Energy
Grants (Credits) Scheme (‘the scheme’) for that contract of carriage; and
(c) the carrier has
been requested to apply for the rebate pursuant to the scheme by the principal
contractor;
the principal contractor shall pay the Rates of
Remuneration specified in Table One of this Schedule to the carrier for the
performance of that contract of carriage.
(iii) If a carrier
is:
ineligible to apply for the rebate pursuant to the scheme; or
has not been requested to apply for the rebate pursuant to the
scheme; or
has become ineligible to claim a rebate pursuant to the
scheme; or
the scheme is abolished
then the principal contractor shall apply the Rates of
Remuneration specified in Table Two of this Schedule to the carrier for the
performance of that contract of carriage.
(iv) Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to subclause (ii) of this Schedule.
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 Relations Commission of New South Wales 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 Relations Commission of New South Wales.
(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:
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Component
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Method of
Adjustment
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1. Wage Factor
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Adjust according to the actual percentage change in the
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2. Sick Leave
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General Rate of pay for a Transport Worker Grade Three as
per
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Table 1, Wages of Part B - Monetary Rates contained in the
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Transport Industry (State) Award.
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3. Return on Capital
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Adjust by the Average Percentage Change in the price of a
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4. Depreciation
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Sterling Louisville Prime Mover, as Isuzu FTR 800 and a
Holden
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5. Lease Cost
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Rodeo CC LX (or a comparable vehicle replacing any of
these
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vehicles) as determined by "The Red Book".
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6. Registration and C.T.P.
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Adjust by the Average Percentage Change in the
registration/
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CTP charges for a Sterling Louisville Prime Mover, an
Isuzu
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FTR 800 and a Holden Rodeo CC LX(or a comparable vehicle
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replacing any of these vehicles)
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7. Insurances
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Adjust according to the Percentage Change as per the ABS
CPI
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Transportation Sub Group "Vehicle Insurance".
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8. Administration
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Adjust according to the Percentage Change as per the ABS
CPI
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Sydney (All Groups).
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9. Fuel
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Adjust according to the Percentage Change as per the AIP
NSW
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State weekly average for the retail price of diesel,
excluding
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GST.
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10. Tyres
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Adjust according to the Percentage Change as per the ABS
CPI
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Transportation Sub Group ‘Motor Vehicle Parts and
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Accessories’.
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11. Repairs and Maintenance
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The Adjustment shall be based upon the following index:
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Labour: 67
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Parts: 33
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Total 100
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"Labour" is adjusted according to the percentage
increase in a
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Mechanics wage under the Metal, Engineering and
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Associated Industries (State) Award.
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"Parts" is adjusted by application of the
movement in the
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Consumer Price Index (All Groups), Sydney.
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(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 on the following basis:
(a) an application
to vary rates of remuneration for changes in the price of fuel only 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 NSW hear and determine any such application within 48 hours from
the initial listing of the application.
(4) The fuel index,
reflecting current rates, is 146.91 cents per litre. This index is exclusive of
GST.
SCHEDULE 3
Additional Amounts
1. Trailer
Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply a flat top trailer for use in a contract of
carriage shall be paid the following allowances for each day (and
proportionately for part of a day) during which the equipment is used for the
purpose of the contract of carriage:
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Single Axle
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$ 17.88 per day
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Dual Axle
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$ 23.44 per day
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Tri Axle
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$ 28.83 per day
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2. Ropes and Gear
Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply tarpaulins, ropes, gates, chains and dogs
for use in a contract of carriage shall be paid the following allowance for
each day (and proportionately for part of a day) during which the equipment is
used for the purpose of the contract of carriage:
$3.63 per day.
3. Twistlock
Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to fit his trailer with twistlocks for the carriage of
I.S.O. containers shall be paid the following allowance for each day (and
proportionately for part of a day) during which the equipment is used for the
purpose of the contract of carriage:
$ 2.73 per day.
4. Mechanical
Lifting Equipment Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply rear or side-loading mechanical devices,
shall be paid the following allowance for each day (and proportionately for part
of a day) during which the equipment is used for the purpose of the contract of
carriage:
Rear-Lift Platforms:
Up to and including 3,000 lbs. capacity : $ 4.34 per
day
Up to and including 6,000 lbs. capacity: $5.94 per day.
Side-Loading Devices:
$19.17 per day
SCHEDULE 4
Container Depots
And Waterfront Areas
1. The following
conditions and allowances shall apply to contracts of carriage performed in or
in connection with Container Depots and Waterfront areas, in addition to all
other applicable rates and conditions provided for by this Contract
Determination.
Provided that the rates contained in Clause 3, Trailer
Allowance, of this Schedule shall apply in substitution for the rates contained
in Clause 1, Trailer Allowance, Clause 2, Ropes and Gear Allowance, and Clause
3, Twist lock Allowance of Schedule 3, Additional Amounts, of this Contract
Determination.
2. The minimum
rates of remuneration payable for any contract of carriage performed within the
scope of this Schedule and defined in Clause 1, hereof, shall be as follows:
(i) Where: -
(a) a carrier
performs a contract of carriage within the area, incidence and duration of this
determination; and
(b) the carrier is eligible
to claim a rebate pursuant to the Commonwealth Government’s Energy Grants
(Credits) Scheme [‘the scheme’] for that contract of carriage; and
(c) the carrier has
been requested to apply for the rebate pursuant to the scheme by the principal
contractor
the principal contractor shall pay the amount appearing
in the column headed "Rate A" for the appropriate vehicle
classification for the performance of that contract of carriage.
(ii) If a carrier
is:-
ineligible to apply for the rebate pursuant to the
scheme; or
has not been requested to apply for the rebate pursuant
to the scheme; or
has become ineligible to claim a rebate pursuant to the
scheme; or
the scheme is abolished
then the principal contractor shall the pay the amount
appearing in the column headed "Rate B" for the appropriate vehicle
classification for the performance of that contract of carriage.
(iii) Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to sub-clause 2(ii) of this Schedule.
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Class of Vehicle
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Rate A
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Rate B
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Rigid Vehicle
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Rebate
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No-Rebate
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Not less than 8
and not greater than 10 tonnes
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42.61
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43.32
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Not less than 10 and not greater than 12 tonnes
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51.74
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52.61
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Not less than 12 and not greater than 14 tonnes
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62.10
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63.36
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Not less than 14 Tonnes.
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68.50
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69.95
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Single - Axle Prime Mover
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59.25
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60.69
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Bogie Axle Prime Mover
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70.73
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72.30
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The above rates of remuneration are calculated from "Scale
D" (as provided for in the table headed Schedule 1, Vehicle Rates,
appearing in Schedule 1, Rates of
Remuneration, of this Contract Determination) and are based on a minimum
distance travelled of 23,500 km per annum on contracts of carriage performed in
or in connection with Container Depots and Waterfront areas.
3. Trailer
Allowance:
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply one of the trailers listed below
(irrespective of axle configuration), shall be paid the following allowance for
each day, (or part of a day) during the equipment is so used :-
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40 ft Skel trailer
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$47.27 per day
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40 ft General Purpose trailer
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$47.27 per day
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Dog or Pig trailer
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$35.37 per day
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Pup trailer
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$23.61 per day
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20 ft Skel trailer
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$42.54 per day
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4. Towing rates:
A Contract Carrier, whose vehicle is in the performance
of a contract of carriage, is required to tow one of the trailers listed below (irrespective
of axle configuration), shall be paid the following allowance for each hour
(pro-rata for part of an hour) during which such trailer is towed :-
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40 ft trailer
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$2.46 per hour
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Dog/Pig trailer
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$4.85 per hour
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Pup trailer
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$3.57 per hour
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5. Adjustment of
the allowances and rates in Clause 3 and 4 of this Schedule shall be by
application of the movement of the Consumer Price Index (All Groups), Sydney.
6. Contract Carriers
who perform work pursuant to this Schedule shall have paid on their behalf by
principal contractors who are members of the NSW Road Transport Association
contributions into the TWU Superannuation Fund in the amounts prescribed by the
Transport Industry (State) Superannuation Award.
7. Clause 14,
Savings Clause, of this Determination shall apply to the above rates and
conditions.
2. This variation
shall take effect from 3 December 2008.
F.
MARKS
J
____________________
Printed by the
authority of the Industrial Registrar.