Transport Industry - Quarried Materials, &c.,
Carriers Contract Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 142250 of 2022)
|
Before Commissioner Muir
|
28 September 2022
|
AWARD
1. Insert after
the Cartage Rates Schedules in the Arrangement of the Determination published
14 August 1992 (271 I.G. 78) the following new Schedule:
SCHEDULE 3 -Temporary Fuel Levy
2. Delete
Schedule 1 of Annexure A and insert in lieu the following:
ANNEXURE A
CARTAGE RATES
SCHEDULE 1: QUANTITY/DISTANCE AND HOURLY HIRE RATES
|
Quantity/Distance +
Hourly 2022
|
|
Symbol
|
Item
|
Rate
$
|
Unit
|
|
F.F
|
Flag Fall
|
4.769
|
Per Tonne
|
|
A
|
|
0.281
|
Per Tonne
|
|
B
|
|
0.259
|
Per Tonne
|
|
C
|
|
0.247
|
Per Tonne
|
|
D
|
|
0.214
|
Per Tonne
|
|
E
|
|
0.202
|
Per Tonne
|
|
F
|
|
0.191
|
Per Tonne
|
|
G
|
|
0.180
|
Per Tonne
|
|
H
|
Large Material
|
1.440
|
Per Tonne
|
|
I
|
Large Material 600+ material
|
2.429
|
Per Tonne
|
|
Quantity/Distance +
Hourly 2019
|
|
Symbol
|
Item
|
Rate
$
|
Unit
|
|
F.F
|
Flag Fall
|
4.476
|
Per Tonne
|
|
A
|
|
0.264
|
Per Tonne
|
|
B
|
|
0.243
|
Per Tonne
|
|
C
|
|
0.232
|
Per Tonne
|
|
D
|
|
0.201
|
Per Tonne
|
|
E
|
|
0.190
|
Per Tonne
|
|
F
|
|
0.179
|
Per Tonne
|
|
G
|
|
0.169
|
Per Tonne
|
|
H
|
Large Material
|
1.351
|
Per Tonne
|
|
I
|
Large Material 600+ material
|
2.280
|
Per Tonne
|
|
External Hourly
Rates 2022
|
|
J
|
2 Axle Vehicle
|
65.70
|
Per Hour
|
|
K
|
3 Axle Vehicle
|
79.04
|
Per Hour
|
|
L
|
4 Axle Vehicle
|
91.68
|
Per Hour
|
|
M
|
5 Axle Vehicle
|
118.13
|
Per Hour
|
|
N
|
6 Axle Vehicle
|
124.94
|
Per Hour
|
|
External Hourly
Rates 2019
|
|
J
|
2 Axle Vehicle
|
61.68
|
Per Hour
|
|
K
|
3 Axle Vehicle
|
74.20
|
Per Hour
|
|
L
|
4 Axle Vehicle
|
86.07
|
Per Hour
|
|
M
|
5 Axle Vehicle
|
110.89
|
Per Hour
|
|
N
|
6 Axle Vehicle
|
117.28
|
Per Hour
|
|
Internal Hourly
Rates 2022
|
|
O
|
2 Axle Vehicle
|
86.90
|
Per Hour
|
|
P
|
3 Axle Vehicle
|
90.93
|
Per Hour
|
|
Q
|
4 Axle Vehicle
|
105.43
|
Per Hour
|
|
R
|
5 Axle Vehicle
|
135.88
|
Per Hour
|
|
S
|
6 Axle Vehicle
|
141.75
|
Per Hour
|
|
Internal Hourly
Rates 2019
|
|
O
|
2 Axle Vehicle
|
81.58
|
Per Hour
|
|
P
|
3 Axle Vehicle
|
85.36
|
Per Hour
|
|
Q
|
4 Axle Vehicle
|
98.97
|
Per Hour
|
|
R
|
5 Axle Vehicle
|
127.56
|
Per Hour
|
|
S
|
6 Axle Vehicle
|
133.07
|
Per Hour
|
3. Insert after Schedule
2 of Annexure A the following new Schedule 3:
SCHEDULE 3: TEMPORARY FUEL LEVY
1. APPLICATION
1.1 This Part
applies to all Contracts of Carriage performed on or after 1 October 2022.
2. BACKGROUNO
2.1 This Part was
introduced by the IRC in Matter No. 2022/142250 as a temporary measure to
respond to significant fluctuations in the price of fuel and the temporary
inability for Contract Carriers to claim fuel tax credits.
3. THE
SURCHARGE
3.1 ln addition to
any amounts set out in this Determination or the Transport Industry- Quarried
Material, &c., Carriers Contract Interim Determination (Interim
Determination), a Principal Contractor must pay a Contract Carrier an
additional amount (the Temporary Fuel Levy).
3.2 The Temporary
Fuel Levy shall be paid as a percentage of the total amounts payable to the
Contract Carrier under this Determination and/or the Interim Determination.
3.3 For Contracts of
Carriage performed on or after 1 October 2022, the Temporary Fuel Levy shall be
7.48%.
4. REVIEW
4.1 The Temporary
Fuel Levy shall be reviewed on a monthly basis,
subject to an application being made to the IRC.
4.2 The Temporary
Fuel Levy shall be calculated by applying the following formula:
((x-y) / y) * z
where:
x = the mean of all weekly retail diesel prices (NSW
State Average) published by the Australian Institute of Petroleum for weeks
ending in the prior calendar month, in cents, inclusive of GST;
y = 143.64 (being the current index price of fuel as
set out in Annexure B); and
z = 0.1973353, being the weighting applied to the fuel
component as set out in Annexure B).
4.3 The Temporary
Fuel Levy shall be rounded to one decimal place.
4.4 Parties seeking
a variation to the Temporary Fuel Levy shall make an application to the IRC by
the second Monday of the relevant calendar month.
4.5 The revised
Temporary Fuel Levy will apply from the first day of the following calendar
month.
4.6 As the Temporary
Fuel Levy responds to fluctuations in fuel prices, it may increase or decrease
from time to time.
5. OTHER
PROVISIONS
5.1 The Temporary
Fuel Levy may be offset by any payments made to a Contract Carrier in excess of the amounts prescribed elsewhere in this
Determination and/or Interim Determination.
5.2 Leave is reserved
for any party to apply to vary the operation of this Part in circumstances
where the Principal Contractor:
(a) provides the
Contract Carrier with fuel, either for free or at a cost below the prevailing
market rate;
(b) directly
reimburses the Contract Carrier for some or all of
their fuel costs; or
(c) otherwise
compensates the Contract Carrier for their fuel costs.
4. Delete
subclause 7(4) of Schedule 1 of Annexure B and insert in lieu the following:
(4) The fuel index,
reflecting current rates is 148.6 cents. This is inclusive of GST.
5. Delete Schedule
2 of Annexure B and insert in lieu the following:
SCHEDULE2: COSTCOMPONENTFORMULA
|
Component
|
Weighting
|
|
Wages including Maintenance Labour
|
36.48536
|
|
Fuel and Oil
|
19.73353
|
|
Repair Parts
|
12.74955'
|
|
Tyres
|
4.19418
|
|
Depreciation
|
7.75719
|
|
Rego
|
3.11910
|
|
Other Fixed Costs
|
15.96109
|
|
TOTAL
|
100
|
6. Delete Schedule
3 of Annexure B and insert in lieu the following:
SCHEDULE 3: BENCHMARKS
Applications for adjustment shall be made by reference to
movements in the following benchmarks for each of the following cost
components.
|
Component
|
Benchmark
|
Confirmed base
|
Source of figures
to be used
|
|
Labour
|
Road Transport and
Distribution Award 2020
|
$875.70
|
Road Transport and Distribution Award 2020 - Rate for a
Grade 5 employee
|
|
Fuel
|
AIP NSW State weekly
average for the retail price of diesel as at 24/02/2019 (in cents, inclusive
of GST)
|
148.60
|
http://www.aip.com.au/pricinglretail/diesel/.index.html
|
|
Repair Parts
|
ABS Consumer Price
Index (CPI), Transportation Group, Private Motoring Motor Vehicle repair and
servicing
|
123.4
|
Australian Bureau of Statistics Consumer Price Index
Series 6401.0 March Quarter 2022
|
|
Tyres
|
ABS Consumer Price
Index (CPI), Transportation Group, Private Motoring Motor Vehicle repair and
servicing
|
123.4
|
Australian Bureau of Statistics Consumer Price Index
Series 6401.0 March Quarter 2022
|
|
Depreciation
|
ABS Consumer Price
Index (CPI), Transportation Group, Private Motoring Motor vehicles
|
105.5
|
Australian Bureau of Statistics Consumer Price Index
Series 6401.0 March Quarter 2022
|
|
Registration
|
TransEco
Road Freight Cost Indices - Shorthaul Cost Changes
(inc Tolls), Rego contribution
|
12.83
|
TransEco Road Freight Cost
Indices Volume 29 No. l March 2022, December 2021 Quarter
|
|
Other Fixed Costs
|
ABS Consumer Price Index
(CPI), Sydney All Groups
|
123.7
|
Australian Bureau of Statistics Consumer Price Index
Series 6401.0 March Quarter 2022
|
7. This
variation will take effect on 28 September 2022.
C. MUIR, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.