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 2209 of 2007)
|
Before Commissioner
Connor
|
28 February 2008
|
VARIATION
1. Delete
Schedule 1 - Rates of Remuneration of the Contract Determination published 19
December 1984 (235 I.G. 1611), as varied, 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
accounted, 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.
Table One -
Vehicle Rates
(Where the Energy Grants (Credits) Scheme is applicable)
|
Class of Vehicle
|
Vehicle Age
|
|
|
Scale A
|
Scale B
|
Scale C
|
|
|
(Up to 1 year)
|
(over 1 year, up to
3 yrs)
|
(over 3 yrs)
|
|
Rigid Vehicles
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
|
Rate
|
Standing
|
Rate
|
Standing
|
Rate
|
|
|
Rate
|
|
Rate
|
|
Rate
|
|
|
|
($ per hour)
|
(cents per km)
|
($)
|
(cents per km)r
|
($)
|
(cents per km)
|
|
Up to 2 Tonnes
|
n/a
|
n/a
|
n/a
|
n/a
|
n/a
|
n/a
|
|
|
2 to 5 Tonnes
|
31.65
|
43.28
|
27.60
|
43.33
|
22.52
|
43.43
|
|
|
5 to 8 Tonnes
|
37.15
|
55.69
|
31.36
|
56.11
|
24.05
|
56.20
|
|
|
8 to 10 Tonnes
|
43.17
|
67.49
|
35.51
|
68.80
|
30.30
|
68.91
|
|
|
10 to 12
|
57.21
|
95.97
|
44.54
|
93.84
|
36.38
|
94.07
|
|
|
Tonnes
|
|
|
|
|
|
|
|
|
12 to 14
|
73.75
|
120.22
|
55.27
|
120.45
|
43.55
|
120.74
|
|
|
Tonnes
|
|
|
|
|
|
|
|
|
14 Tonnes +
|
82.03
|
143.47
|
60.78
|
141.26
|
46.63
|
141.60
|
|
|
Single Axle
|
59.95
|
130.06
|
46.57
|
130.99
|
38.22
|
131.24
|
|
|
Prime Mover
|
|
|
|
|
|
|
|
|
Bogie Axle
|
84.38
|
149.62
|
62.48
|
149.38
|
47.87
|
149.72
|
|
|
Prime Mover
|
|
|
|
|
|
|
|
Table Two -
Vehicle Rates
(Where the Energy Grants (Credits) Scheme does not apply)
|
Class of
|
Vehicle Age
|
|
Vehicle
|
|
|
|
Scale A
|
Scale B
|
Scale C
|
|
|
(Up to 1 year)
|
(over 1 year, up to
3 yrs)
|
(over 3 yrs)
|
|
Rigid Vehicles
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
|
Rate
|
Standing
|
Rate
|
Standing
|
Rate
|
|
|
Rate
|
|
Rate
|
|
Rate
|
|
|
|
($)
|
(cents per km)
|
($)
|
(cents per km)
|
($)
|
(cents per km)
|
|
Up to 2 Tonnes
|
28.14
|
40.02
|
24.25
|
40.91
|
n/a
|
n/a
|
|
|
2 to 5 Tonnes
|
31.65
|
46.02
|
27.60
|
46.11
|
22.52
|
46.22
|
|
|
5 to 8 Tonnes
|
37.15
|
58.98
|
31.36
|
59.60
|
24.05
|
56.55
|
|
|
8 to 10 Tonnes
|
43.17
|
70.94
|
35.51
|
72.83
|
30.30
|
69.44
|
|
|
10 to 12
|
57.21
|
101.77
|
44.54
|
98.59
|
36.39
|
94.98
|
|
|
Tonnes
|
|
|
|
|
|
|
|
|
12 to 14
|
73.75
|
127.08
|
55.27
|
127.67
|
43.57
|
121.54
|
|
|
Tonnes
|
|
|
|
|
|
|
|
|
14 Tonnes +
|
82.03
|
152.38
|
60.78
|
149.26
|
46.65
|
142.70
|
|
|
Single Axle
|
59.95
|
137.71
|
46.57
|
139.10
|
38.23
|
132.11
|
|
|
Prime Mover
|
|
|
|
|
|
|
|
|
Bogie Axle
|
84.38
|
158.38
|
62.48
|
158.14
|
47.88
|
150.83
|
|
|
Prime Mover
|
|
|
|
|
|
|
|
2. Delete
Schedule 3 - Additional Amounts, and insert in lieu thereof the following:
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:
Single Axle - $17.04 per day
Dual Axle - $22.34 per day
Tri Axle - $27.48 per day
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:
$3.46 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:
$2.60 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 : $ 4.14 per
day
Up to and including 6,000 lbs. capacity: $5.66 per day.
Side-Loading Devices:
$18.27 per day
3. Delete Schedule
4 - Container Depots and Waterfront Areas, and insert in lieu thereof the
following:
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.
|
Class of Vehicle
|
Rate A
|
Rate B
|
|
Rigid Vehicle
|
Rebate
|
No-Rebate
|
|
Not less than 8
and not greater than 10 tonnes
|
41.67
|
42.39
|
|
Not less than 10 and not greater than 12 tonnes
|
50.46
|
51.32
|
|
Not less than 12 and not greater than 14 tonnes
|
60.44
|
61.69
|
|
Not less than 14 Tonnes.
|
66.58
|
68.02
|
|
Single - Axle Prime Mover
|
57.66
|
59.09
|
|
Bogie Axle Prime Mover
|
68.77
|
70.33
|
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 :-
40 ft Skel trailer - $45.05 per day
40 ft General Purpose trailer - $45.05 per day
Dog or Pig trailer - $33.71 per day
Pup trailer - $22.50 per day
20 ft Skel trailer - $40.54 per day
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 :-
40 ft trailer - $2.34 per hour
Dog/Pig trailer - $4.62 per hour
Pup trailer - $3.40 per hour
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.
8. This
variation shall take effect from the beginning of the first pay period to
commence on or after 28 February 2008.
P.
J. CONNOR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.