Transport Industry - Excavated Materials, 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 1955 of 2008)

 

 

VARIATION

 

1.        Delete Part C - Rise and Fall Formula of the contract determination published 24 October 1997 (301 I.G. 1082) and insert in lieu thereof the following:

 

PART C

 

Rise and Fall Formula

 

A.       Benchmarks

 

Component		Benchmark
Wages		Transport Industry (State) Award, as varied,
		transport worker grade 4
Fuel		AIP NSW State weekly average for the retail
		price of diesel, excluding GST.
Repair Parts		Index based upon the following specified
		basket of parts obtained from source listed at
		recommended retail prices, including Sales
		Tax.
		Parts	Rear Suspension
			Bushes
			Brake Lines
			Brake Drums
			Clutch and
			Pressure Plate

 

Source

Vehicle Type

Item

Part

 

	Hino	Rear Suspension	Brakes
		Brake Linings
		Brake Drums
		Clutch and Pressure Plate

 

	Ford	Rear Suspension
		Brake Linings
		Brake Drums
		Clutch and Pressure Plate

 

	Volvo	Rear Suspension
		Brake Linings
		Brake Drums
		Clutch and Pressure Plate

 

	International	Rear Suspension
		Brake Linings
		Brake Drums
		Clutch and Pressure Plate

 

NOTE: Price is the total retail price inclusive of GST and excluding all discounts.

 

Tyres: Goodyear Tyre Co. Head Office recommended retail price for A steer 11R22.5 tyre only.

 

Quotes: Quotes for vehicles and tyres should be from the same source and be the same model number and if not possible the closest equivalent model.

 

Depreciation: Index based on the average of the recommended retail price of two cheapest vehicles - as per specification details below.

 

The index is the total of the prices.

 

Rigid Three Axle Bogie

 

Manufacturer:	Hino, Ford, Volvo or International
Differential:	40,000 pounds
Gearbox:	15 speed minimum
Horsepower:	300 hp
Carrying Capacity:	9 cubic metres minimum
Insurance:	Miller & Associates quote of the average of
	the two vehicles selected for the index
Registration and Third Party:	Roads and Traffic Authority
Interest:	Westpac, Prime Overdraft Rate
Sundries:	Based on Increase of CPI

 

B.       Weightings for Cost Components

 

Cost Component	Percentage of Total Cost
Repairs and Maintenance	16.2
Fuel	12.5
Tyres	6.3
Insurance	5.3
Registration	2.5
Depreciation	14.4
Wages	31.7
Interest	7.8
Sundries	3.3
Total:	100

 

C.       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 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 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 be one which exceeds 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. 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 the making of a consent application 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 156.6 cents. This is exclusive of GST.

 

2.        This variation will 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.