State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

Transport Industry - Concrete Haulage Contract Determination
  
Date02/27/2009
Volume367
Part2
Page No.417
DescriptionVCD - Variation of Contract Determination
Publication No.C6874
CategoryAward
Award Code 300  
Date Posted02/27/2009

spacer image spacer image

spacer image Click to download*
spacer image
(300)

(300)

SERIAL C6874

 

Transport Industry - Concrete Haulage 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 1958 of 2008)

 

Before The Honourable Justice Boland, President

4 November 2008

The Honourable Justice Walton, Vice-President

 

The Honourable Justice Marks

 

 

VARIATION

 

1.        Insert after Appendix "Y" of the Contract Determination published 30 November 1990 (260 I.G. 608), the following new Appendix Z.

 

APPENDIX Z

 

(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 only may be made at any time, provided that the date upon which any rate adjustment is sought to occur is at least one calendar month after the last occasion upon which a 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 above or below 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.

 

2.        This variation shall take effect 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.

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'