TRANSPORT INDUSTRY - PENRITH CITY COUNCIL CONTRACT
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the
Transport Workers' Union of Australia, New South Wales, industrial organisation
of employees.
(No. IRC1844 of 1999)
|
Before Commissioner
Connor
|
14 November 2000
|
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Area,
Incidence and Duration
3. Disputes
Procedure
3A. Anti-Discrimination
4. Savings
Clause
5. Remuneration
6. Leave
Reserved
7. Commencement
8. CPI
Adjustment
PART B
RATES OF REMUNERATION
Table 1 - Hourly plus Distance Rates
Table 2 - Additional Payments - Hourly plus Distance
1. Definitions
1.1 In this
contract determination, unless the subject matter or context otherwise
indicates or requires:
"The Act" means the Industrial Relations Act 1996.
"Contract Carrier" means a carrier engaged
under a "Contract of Carriage," as defined by Section 309 of the Act.
"Contractor" means "Principal
Contractor" as defined by Section 310 of the Act.
"Contract Distance" refers to the distance
necessarily travelled by the Contract Carrier in performing the contract of
carriage, namely, the distance necessarily travelled from the starting place to
a place of delivery together with any distance necessarily travelled in
returning to the starting place or in the event that the Principal Contractor
does not require the Contract Carrier to return to the starting place, any
distance which the Contract Carrier would have necessarily travelled if he had
returned to the starting place.
"Union" means the Transport Workers’ Union of
Australia, New South Wales Branch (registered under the Act as an Association
of Contract Carriers).
1.2 In this
contract determination, words importing the singular number shall include the
plural number and words importing the plural number shall include the singular
number.
1.3 In this
contract determination, words importing the masculine gender shall include
females and words importing persons shall include corporations and all other
legal persons.
2. Area, Incidence
and Duration
2.1 This Contract
Determination shall apply in respect of contracts of carriage performed by
Contract Carriers by use of a motor vehicle with tipper body for Penrith City
Council’s "Hired Truck Duties on One - Off Projects Carried on by
Council’s Day Labour Organisation," as set out in Exhibit A to the
proceedings in Matter No. IRC 1844 of 1999.
2.2 This Contract
Determination does not apply to any other projects or in any other areas than
as specified in subclause 2.1.
3. Disputes
Procedures
In the event of a question, dispute or difficulty arising -
3.1 The delegate
shall negotiate with the transport manager of the Principal Contractor.
3.2 If the
question, dispute or difficulty is not resolved, the union organiser shall take
the matter up with the Principal Contractor.
3.3 If
negotiations are successful, the parties shall take the matter to the
Industrial Relations Commission of New South Wales.
3.4 At all times,
whilst these steps are being pursued, work shall continue normally.
3a.
Anti-Discrimination
3A.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
3A.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
3A.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
3A.4 Nothing in this
clause is to be taken to affect:
3A.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
3A.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3A.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
3A.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
3A.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES -
3A.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
3A.5.2 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
4. Savings Clause
Nothing in this contract determination shall be construed so
as to require the reduction or alteration of more advantageous rates and
conditions to which a Contract Carrier may be entitled under an existing
agreement with a Principal Contractor.
5. Remuneration
5.1 Rates of
remuneration payable to carriers pursuant to this Contact Determination shall
be exclusive of GST. A separate amount
equal to 10% of the value of the remuneration payable shall be paid by the
Principal Contractor to the carrier if GST applies to the contracts of carriage
("the GST amount"). The GST
amount shall not be construed as an increase in the rates of remuneration. The total fee payable to the Contract
Carrier by the Principal Contractor to contracts of carriage shall be the sum
of the remuneration payable and the GST amount.
5.2 Any Contract
Carrier performing cartage work for a principal contractor shall be paid the
hourly rates as provided in subclause 5.3.
5.3 Hourly Rates -
5.3.1 A Contract
Carrier paid hourly rates shall be paid no less than the hourly plus kilometre
rates as provided for in Table 1 - Hourly plus Distance Rates, of Part B, Rates
of Remuneration.
5.3.2 Additional
Payments - A Contract Carrier shall be paid the following additional payments,
according to the same method of payment determined by the Principal Contractor
-
i Saturday work, for the first two hours -
the rate specified in Item 1 of Table 2 - Additional Payments - Hourly plus
Distance, of Part B, Rates of Remuneration.
i Saturday work, after the first two hours
- the rate specified in Item 2 of the said Table 2.
i Sunday work - the rate specified in Item
3 of the said Table 2.
i Public Holidays - the rate specified in
Item 4 of the said Table 2.
5.4 The Principal
Contractor shall pay the Contract Carrier fortnightly. The following invoice procedure shall be
adopted -
5.4.1 The Principal
Contractor shall calculate for each pay period, the remuneration payable to the
Contract Carrier;
5.4.2 The Principal
Contractor shall supply a written advice that identifies the calculations in
paragraph 5.4.1 above;
5.4.3 The Contract
Carrier’s invoice must contain -
5.4.3.1 The number order
of the Principal Contractor’s order for hire;
5.4.3.2 A unique number
for the invoice;
5.4.3.3 Copies of hired
truck daily time sheets signed by the Principal Contractor’s supervisor;
5.4.3.4 The value payment
for each hired truck daily time sheet and the total value of the claim; and
5.4.3.5 Separate GST line
item.
6. Leave Reserved
Leave is reserved to the parties to apply for an adjustment
to the rates of remuneration contained in this contract determination, together
with an inclusion of a rate review mechanism after the expiry of twelve (12)
months from the making of this determination.
7. Commencement
7.1 This Contract
Determination shall take effect on and from the first pay period to commence on
or after 1 July 2000 and shall have a nominal period of three (3) years.
8. Cpi Adjustment
Effective 1 July 2001, the rates referred to in Table 1
-Hourly plus Distance Rates, and Table 2 - Additional Payments - Hourly plus
Distance, of Part B, Rates of Remuneration, will change with alterations in the
Sydney all groups consumer price index and the base figure for the index will
be as at 1 July 2000.
PART B
RATES OF REMUNERATION
Table 1 - Hourly Plus Distance Rates
|
Capacity of Vehicle
for Hire Purposes (tonne)
|
Rate per hour
$
|
Rate per km in addition to Rate per hour
$
|
|
3
|
19.14
|
0.453
|
|
4
|
19.92
|
0.550
|
|
5
|
21.09
|
0.611
|
|
6
|
22.39
|
0.664
|
|
7
|
23.74
|
0.717
|
|
8
|
25.19
|
0.735
|
|
9
|
26.92
|
0.764
|
|
10
|
28.65
|
0.794
|
|
11
|
30.71
|
0.823
|
|
12
|
32.44
|
0.853
|
|
13
|
33.65
|
0.882
|
|
14
|
34.85
|
0.911
|
|
15
|
36.06
|
0.940
|
|
16
|
37.87
|
0.970
|
Table 2 - Additional Payments - Hourly Plus Distance
|
Item
No.
|
Clause
No.
|
Brief Description
|
Rate per hour
$
|
|
1
|
5.3.2
|
Saturday work for the first two hours
|
5.321
|
|
2
|
5.3.2
|
Saturday work after the first two hours
|
10.642
|
|
3
|
5.3.2
|
Sunday work
|
10.642
|
|
4
|
5.3.2
|
Public Holiday work
|
15.963
|
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.