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)
Before The Honourable
Justice Boland, President
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4 November 2008
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The Honourable Justice
Walton, Vice-President
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The Honourable Justice
Marks
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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
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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
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2. Sick
Leave
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in the
General Rate of Pay for a Transport
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Worker Grade
Three as per Table 1, Wages of
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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
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4.
Depreciation
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price of a
Sterling Louisville Prime Mover, an
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5. Lease
Cost
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Isuzu FTR
800 and a Holden Rodeo CC LX (or
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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
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registration/CTP
charges for a Sterling Louisville
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Prime Mover,
an Isuzu FTR 800 and a Holden
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Rodeo CC LX
(or comparable vehicle replacing
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any of these
vehicles).
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7.
Insurances
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Adjust
according to the Percentage Change as per
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the ABS CPI
Transportation Sub Group "Vehicle
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Insurance".
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8.
Administration
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Adjust
according to the Percentage Change as per
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the ABS CPI
Sydney(All Groups).
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9. Fuel
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Adjust according to the Percentage Change as per
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the AIP NSW State weekly average for the retail
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price of diesel excluding GST.
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10. Tyres
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Adjust
according to the Percentage Change as per
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the ABS CPI
Transportation Sub Group ‘Motor
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Vehicle
Parts and Accessories’.
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11. Repairs
and Maintenance
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The Adjustment
shall be based upon the following
|
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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
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increase in
a mechanic's wage under the Metal,
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Engineering and Associated Industries (State) Award.
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"Parts"
is adjusted by application of the movement
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in the
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 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.