Transport Industry - General Carriers Interim
Contract Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 2016/24907)
|
Before The Honourable Acting Justice Kite
|
2 June 2016
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DETERMINATION
Clause No. Subject
Matter
PART 1 - APPLICATION AND OPERATION
1. Definitions
2. Application
3. Savings
Clause
4. Promotion
of Determination
PART 2 - OPERATIONAL MATTERS
5. Vehicles
6. Loading
and Delivery
7. Fatigue
Management and Heavy Vehicle Compliance
8. Uniforms
9. Lunch
Break
10. Annual
Leave
PART 3 - RIGHTS AND RESPONSIBILITIES
11. Contract
Carrier Obligations
12. Principal Contractors’
Obligations
13. Termination
14. Insurance
15. Allocation
of Work and Rostering
16. Fleet Mix
Change
17. Selling of
Vehicles
18. Supervision
of Personnel
PART 4 - RATES OF REMUNERATION
19. Application
of This Part
20. Rates
Ofremuneration
21. Alternative
Systems of Remuneration
22. Tolls
& Charges
PART 5 - MISCELLANEOUS
23. Disputes
Procedure
24. Union
Delegates
25. Record
Keeping
26. Leave
Reserved
SCHEDULE A - RATES OF REMUNERATION
SCHEDULE B - PROCEDURE AND TIME FOR ADJUSTMENT OF RATES
SCHEDULE C - ADDITIONAL AMOUNTS
SCHEDULE D - WATERFRONT AND CONTAINER DEPOTS
SCHEDULE E - EXEMPTION FROM COMPLIANCE WITH PROVISIONS OF
CLAUSE 20
SCHEDULE F - NOMINATED CONTRACT DETERMINATIONS
Part 1 - Application and Operation
1. Definitions
1.1 In this Determination:
Act means the Industrial Relations Act 1996
(NSW);
Additional Amount has the meaning attributed
to it in Schedule C;
Carrying Capacity in relation to a Vehicle
means the mass of the maximum load which the Vehicle may legally carry;
Cartage Rate Schedule means a written
schedule (which may be an electronic document) identifying:
(a) the basis of calculation of the Cartage Rates (e.g. per
hour, per km or some other basis);
(b) the amount of remuneration to be paid to the Contract
Carrier for the Cartage Work (e.g. $100 per hour); and
(c) the timing of the payment of remuneration (e.g. the day of
the week on which remuneration will be paid and the pay period).
Cartage Work means work performed under a
Contract of Carriage;
Work Distance means the distance necessarily
travelled by a Contract Carrier in the course of performing a Contract of
Carriage, counted from the moment of departure from the Starting Place to the
completion of Cartage Work at the Finishing Place;
Work Time means the time during which a
Contract Carrier is necessarily engaged performing a Contract of Carriage. To
avoid doubt, Work Time includes all time during which the Contract Carrier is
required by the Principal Contractor to be at their disposal and/or at their direction,
but excluding time lost because of breakdowns or accidents and the time taken
by the Contract Carrier for meal breaks.
Class of Vehicle means either a single axle
drive prime mover or a bogie axle drive prime mover or, in the case of any
other Vehicle, a Vehicle of a particular Carrying Capacity;
Contract of Carriage has the meaning given
to that expression by the Act;
Contract Carrier has the meaning given to
that expression by the Act;
Delegate means a Union delegate of Contract Carriers
based at a terminal and includes a co-delegate;
Determination means this Transport Industry
- General Carriers Interim Contract Determination;
Driver means a natural person operating the
Contract Carrier’s Vehicle who is approved in accordance with clause 11.6;
Finishing Place means:
(a) the sites or depots where the Carrier is principally engaged
(which may be a network of depots within reasonable proximity); or
(b) where the Principal Contractor and the Contract Carrier have
agreed on an alternative location, the agreed alternative location; or
(c) a place specified by the Principal Contractor, but only if
the Contract Carrier is not principally engaged at a site or depot,
save that any agreed or specified Finishing Place must be reasonable
in the circumstances;
IRC means the Industrial Relations
Commission of New South Wales;
Misconduct means consuming alcohol
immediately before, or while undertaking, work for the Principal Contractor,
being under the influence of alcohol or a drug while undertaking work for the
Principal Contractor, being dishonest or abusive while undertaking work for the
Principal Contractor or in dealings with the Principal Contractor or customers,
consignors, consignees or their respective representatives, or falsifying
documents submitted to the Principal Contractor.
Nominated Contract Determination means a
determination listed in Schedule F and any successor to those determinations;
Principal Contractor has the meaning given
to that expression by the Act;
Regular
Contract Carrier means a Contract Carrier who operates under a contract with a
Principal Contractor and who is wholly or principally engaged by that Principal
Contractor;
Specialised Vehicle means:
(a) a rigid Vehicle with a tipping body;
(b) an articulated Vehicle with a tipping trailer;
(c) a Vehicle combination with a tipping trailer;
(d) a rigid Vehicle with a tanker;
(e) an articulated Vehicle with a tanker trailer;
(f) a Vehicle combination with a tanker trailer;
(g) a rigid or articulated Vehicle with a premixed concrete
agitator;
(h) a
rigid, articulated or combination Vehicle that utilises a forklift or crane
that is used to load and/or unload the Vehicle carting bricks, roof tiles,
precast concrete panels, masonry or pottery;
(i) a Vehicle with a trailer designed for the carrying of motor
Vehicles; and
(j) a Vehicle with a trailer designed to carry heavy machinery,
operating plant or wide loads (a float),
save that a
Specialised Vehicle does not include a Vehicle listed above if the Vehicle is
being used in a manner or to cart materials or products for which it would not
customarily be used for;
Starting Place means:
(a) the sites or depots where the Carrier is principally engaged
(which may be a network of depots within reasonable proximity); or
(b) where the Principal Contractor and the Contract Carrier have
agreed on an alternative location, the agreed alternative location; or
(c) a place specified by the Principal Contractor, but only if
the Contract Carrier is not principally engaged at a site or depot,
save that any agreed or
specified Starting Place must be reasonable in the circumstances;
Union means the Transport Workers' Union of
New South Wales; and
Vehicle means a Vehicle used by a Contract
Carrier for the purpose of a Contract of Carriage.
2. Application
2.1 This
Determination applies to all Contracts of Carriage other than Contracts of
Carriage:
(a) which are covered by one of the Nominated Contract
Determinations; and/or
(b) which are performed using a Specialised Vehicle.
2.2 This Determination takes effect on and
from 2 July 2016 and remains in force for a period of one year.
3. Savings
clause
No
Contract Carrier shall suffer a reduction in their terms and conditions of
engagement because of the making of this Determination.
4. Promotion
of Determination
4.1 Within fourteen days of the commencement
of this determination the Principal Contractor shall provide every Contract
Carrier it currently engages a copy of this determination.
4.2 The Principal Contractor shall provide
every new Contract Carrier it engages after this determination commences a copy
of this determination within seven days of the engagement.
4.3 A Principal Contractor shall provide
every Contract Carrier it engages a copy of any variation to this determination
within fourteen days of the commencement of the variation.
4.4 The obligations in paragraphs 4.1 to 4.3
of this clause may be satisfied by providing an electronic copy of the
instrument by email or other electronic means. A Principal Contractor may
require, and the Contract Carrier shall provide, a current email address for
that purpose.
4.5 Notwithstanding the terms of paragraphs
4.1-4.3 a Principal Contractor is not obliged to provide a copy of the
documents more than once in any 12 months.
4.6 A Principal Contractor shall display a
copy of the determination and any variations then in force at the Principal
Contractor’s workplace.
Part 2 - Operational
Matters
5. Vehicles
5.1 Supply and Suitability
The Contract Carrier must supply a Vehicle,
which must:
(a) meet the
Vehicle specification required by the Principal Contractor; and
(b) be approved by
the Principal Contractor prior to performing Cartage Work.
5.2 Registration
The Contract Carrier must at the Contract
Carrier’s own expense register their Vehicle.
5.3 Maintenance and Repair
The Contract Carrier must mechanically
maintain and repair their Vehicle at their own expense.
5.4 Running Expenses
The Contract Carrier must pay all of the running
costs associated with the Contract Carrier’s Vehicle.
5.5 Cease
Using Vehicle
(a) Where a Principal Contractor has a
reasonable concern that a Contract Carrier’s Vehicle is not, or may not be,
roadworthy to perform the Cartage Work, the Principal Contractor may:
(i) direct the Contract Carrier to stop using the Vehicle (or
any part of it) pending:
A inspection
and/or testing of the Vehicle; and/or
B where necessary, the carrying out of any repairs and/or
maintenance.
(b) The
Principal Contractor must not take any steps under clause 5.5(a) until the
Principal Contractor has put its reasonable concern to the Contract Carrier.
(c) The
Contract Carrier will not suffer any loss of remuneration where they are
directed to stop using their Vehicle under this clause, and where the
inspection and/or testing of the Vehicle proves that the Vehicle was roadworthy
to perform the Cartage Work.
5.6 Inspections and Tests
The
Contract Carrier must make the Vehicle available for inspection or testing as
and when reasonably required by the Principal Contractor.
5.7 Communication and Related
Technology
(a) The Principal Contractor may supply the
Contract Carrier with communication and related technology for use in the
Contract Carrier’s Vehicle.
(b) Where such communication and/or related
technology is supplied by the Principal Contractor:
(i) The Principal Contractor must install
and maintain the communication and related technology required by the Principal
Contractor and the Contract Carrier must operate it efficiently as directed by
the Principal Contractor.
(ii) The Contract Carrier has full
responsibility for the safe custody of the communication and related
technology.
(iii) The Contract Carrier must:
A not
add to, alter or modify the communication and related technology;
B indemnify the Principal Contractor, and keep the Principal
Contractor indemnified at all times, against destruction or loss of the
communication and related technology;
C not
pledge the credit of the Principal Contractor in respect of, or create any lien
upon, the communication and related technology; and
D not
without the prior written consent of the Principal Contractor use the communication and related technology for anything
but the Cartage Work.
(c) The Contract Carrier must stop using the
communication and related technology (or any part of it) if the Principal
Contractor so directs because in the Principal Contractor's opinion that is
appropriate pending the carrying out of any repairs, maintenance, inspection or
testing.
(d) Immediately upon the ending or
termination of any head contract under which the Contract Carrier performs the
Cartage Work:
(i) the
Contract Carrier must return the communication and related technology to the
Principal Contractor in good order and condition, save for any fair wear and
tear only; and
(ii) the Principal Contractor must make good any repairs to the
Contract Carrier’s Vehicle arising from the removal of the communication and
related technology.
5.8 Vehicles
(a) The
Principal Contractor has the right to specify the age and the Class of Vehicle
used in the performance of Contracts of Carriage prior to the engagement of a
Contract Carrier.
(b) If
a Principal Contractor reasonably believes that the Vehicle of the Contract Carrier
is not suitable for undertaking the required Cartage Work, the Principal
Contractor has the right to require an upgrade (which may include the purchase
of a new or newer Vehicle) of the Contract Carrier’s Vehicle subject to
provision of a period which is reasonable in the circumstances and any such
direction to upgrade being set out in writing.
(c) The
Contract Carrier must not replace the Vehicle used to perform Cartage Work
without the prior written consent of the Principal Contractor.
5.9 Painting
and sign-writing
(a) Unless
otherwise agreed, a Principal Contractor may paint and/or sign-write the
Contract Carrier's Vehicle in the Principal Contractor's colours at the
Principal Contractor's expense (but not before the Contract Carrier has completed
three months’ continuous Cartage Work for the Principal Contractor).
(b) In
the case of a Contract Carrier ceasing to perform Work for the Principal
Contractor, the Principal Contractor must bear the cost of reversing any
painting and sign-writing and removing all equipment and signs supplied by the
Principal Contractor and make good the affected areas of the Vehicle to the
original specification.
(c) A
Principal Contractor must take, and a Contract Carrier must cooperate with,
reasonable steps to minimise or avoid the loss of remuneration which would
otherwise be suffered by the Contract Carrier because the Vehicle is being painted and/or
sign-written at the request of the Principal Contractor, including by:
(i) providing the Contract Carrier with an alternative vehicle
with which to perform work; and/or
(ii) by painting or sign-writing the Vehicle during a period in
which the driver has previously arranged to take leave; and/or
(iii) by the Principal Contractor compensating the Contract
Carrier for any loss of remuneration suffered
6. Loading
and Delivery
6.1 Report at Starting Place and Time
The Contract Carrier must report available
for the Cartage Work with the Vehicle at the Starting Place.
6.2 Checking of Load
After
loading the Vehicle and before leaving the loading place, the Contract Carrier
must:
(a) ensure that the
load is secured; and
(b) immediately
report to the Principal Contractor if the Contract Carrier believes that the
goods do not comply with the specification on the delivery docket or exceeds
the maximum legal payload for the Vehicle.
6.3 Delivery
Immediately
after checking the load the Contract Carrier must deliver the goods to whatever
addresses the Principal Contractor instructs using:
(a) the route
directed by the Principal Contractor; or
(b) if no such
direction is given, using the shortest practicable route.
6.4 Unloading
The
Contract Carrier must:
(a) use every
reasonable effort at the delivery site to obtain:
(i) directions from the customer concerning the manner and
position to unload the goods; and
(ii) from the customer the signatures required by the Principal
Contractor; and
(b) unload the
goods at the delivery site in the manner and position reasonably directed by
the customer.
6.5 Unsafe Unloading
If
the unloading of the goods at any delivery site will place the Driver in a
position of imminent risk to their health and safety, the Contract Carrier must
immediately notify the Principal Contractor prior to unloading the goods and
comply with any instructions given by the Principal Contractor concerning the
unloading of the goods.
6.6 Return
After
completing the deliveries, the Contract Carrier must report to whatever site (if
any) the Principal Contractor instructs using the shortest practicable route
from the final unloading site.
6.7 Custody
The
Contract Carrier shall:
(a) be
responsible for the equipment and gear and for the safe loading of the Vehicle
and the securing and appropriate weather protection of the load and shall be
present to supervise and assist in the loading and unloading of the Vehicle
and/or the container loaded on the Vehicle;
(b) in the case of
pre-loaded Vehicles, be responsible for checking the load for safety and
satisfactory method of loading; and
(c) exercise all
reasonable care and diligence in the carriage and safe keeping of the goods in
charge.
7. Fatigue Management and Heavy Vehicle
Compliance
7.1 Fatigue
management and heavy vehicle compliance
Fatigue management and heavy vehicle
compliance is principally regulated in NSW by the:
(a) Heavy
Vehicle National Law, and associated regulations;
(b) Work
Health and Safety Act 2011 (NSW); and
(c) Transport
Industry Mutual Responsibility Contract Determination.
7.2 Taking
of Fatigue Breaks
Each Contract Carrier must take fatigue
breaks, without payment, as required by law.
8. Uniforms
8.1 Supply
of Uniform
If the Driver of the Contract Carrier’s Vehicle
is required by the Principal Contractor to wear a special uniform when
undertaking Cartage Work for the Principal Contractor, the uniform must be
supplied by the Principal Contractor at no cost to the Contract Carrier.
8.2 Obligation
to wear
Where a uniform is so provided, the Contract
Carrier must ensure that it is worn by the Driver at all times while
undertaking Cartage Work for the Principal Contractor.
8.3 Property
The uniform remains the property of the
Principal Contractor.
8.4 Quantity
The Principal Contractor must provide a
sufficient number of uniform articles to enable the Contract Carrier to wear a
clean uniform at the start of each Cartage Working day.
8.5 Replacement
An item forming part of the uniform must be
replaced by the Principal Contractor when required by fair wear and tear,
provided that should loss or damage to an item forming part of the uniform
occur due to the negligence of the Contract Carrier, the item must be repaired
or replaced by the Contract Carrier at the Contract Carrier’s cost.
9. Lunch Break
9.1 Entitlement
Each Contract Carrier is entitled to and
must take a 30 minute unpaid lunch break on each day Cartage Work is performed
for a Principal Contractor for more than 4 hours provided that where it is safe
and reasonably practicable to do so, the Contract Carrier must take the lunch
break in conjunction with a fatigue break.
9.2 Reporting
A Contract Carrier who ceases Cartage Work
for a lunch break in accordance with clause 9.1 must report that fact to the
Principal Contractor.
10. Annual Leave
10.1 Entitlement
A Regular Contract Carrier may take four
weeks' annual leave without payment.
10.2 When
the Entitlement Falls Due
The leave entitlement falls due each year on
the anniversary of the commencement date of the first Contract of Carriage between the
Contract Carrier and the Principal Contractor.
10.3 Period
to Take Leave
Such leave is to be taken by the Contract
Carrier within 6 months of the leave falling due (or within such extended time
as the Contract Carrier and the Principal Contractor may agree) and at a time
mutually convenient to the Contract Carrier and the Principal Contractor.
10.4 Utilisation
of Vehicle
To avoid any doubt, and unless otherwise
agreed between the parties, during any period of annual leave the Contract
Carrier has no obligation to present their Vehicle to the Principal Contractor
for Cartage Work.
10.5 Lapse
of Entitlement
If the leave is not taken within the time
provided for in this clause, the entitlement to the leave will lapse.
Part 3 - Rights and
Responsibilities
11. Contract Carrier Obligations
11.1 Core
Obligations
The Contract Carrier must perform the
Cartage Work and do everything connected with it:
(a) with due care and skill and in a proper, co-operative and
professional manner;
(b) safely, and in accordance with the Principal Contractor's
safety requirements;
(c) in accordance with the day to day operational directions
given by the Principal Contractor;
(d) in accordance with any lawful and reasonable direction,
policy, procedure or specifications provided by the Principal Contractor;
(e) without jeopardising or damaging the Principal Contractor's
business; and
(f) in compliance with all relevant laws.
11.2 Compliance
with Employment Laws
The Contract Carrier must comply with the provisions of any relevant employment law,
including but not limited to laws concerning income tax, workers’ compensation,
superannuation, annual leave, long service leave or any award, order,
determination or agreement of a competent industrial tribunal.
11.3 Administration
The Contract Carrier must:
(a) return to the Principal Contractor all delivery dockets,
daily Cartage Work sheets or other records required by the Principal Contractor
as and when required;
(b) maintain up to
date and accurate log books as required under any relevant law and/or by the
Principal Contractor and make these available for inspection by the Principal
Contractor on request;
(c) ensure that the
Driver maintains a system verifying Vehicle maintenance;
(d) keep and retain for seven years
comprehensive records in relation to the Cartage Work, including the records in
subparagraphs (b) and (c) above; and
(e) ensure that a copy of the records in subparagraphs (b) ,
(c) and (d) are available for inspection
at any time for audit purposes.
Notation: Any written material to be
provided to the Principal Contractor in accordance with this clause must be
appropriate and economical and designed to meet the requirements of this
clause.
11.4 Medicals
(a) The
Contract Carrier must ensure that the Driver is at all times
medically fit to perform the Cartage Work.
(b) Where the Principal Contractor has a
reasonable concern that the Driver is not medically fit to perform the Cartage
Work, the Principal Contractor may require and direct the Driver to:
(i) furnish particulars and/or medical evidence affirming the
Driver’s fitness to undertake Cartage Work; and/or
(ii) on reasonable terms, attend a medical examination to confirm
their fitness (such direction may include the choice of medical practitioner).
(c) The
Principal Contractor must not take any steps under clause 11.4(b) until the
Principal Contractor has put its concerns to the Contract Carrier in writing.
(d) If
the Driver attends a medical practitioner directed by the Principal Contractor,
the Principal Contractor will pay the medical fees associated with the
attendance.
(e) The
Driver will not suffer any loss of remuneration as a result of being directed
to attend a medical examination under this clause, unless the medical
examination demonstrates that the Driver was not medically fit to perform the
Cartage Work.
11.5 Alcohol
and Other Drugs Polices and Programs
Where the Principal Contractor has in place
a drug and alcohol policy and/or program, applying to its employees and
contractors, the Contract Carrier must ensure that the Driver participates in
any testing required by the policy and/or program.
11.6 No One Else to Drive Vehicle
The Contract Carrier must:
(a) only use a Driver who is approved by the Principal
Contractor, with such approval not being unreasonably withheld; and
(b) make sure that no one except the approved Driver drives or
otherwise operates the Vehicle for the Cartage Work.
11.7 Valid
Driving License and Permits
The Contract Carrier must:
(a) make sure that the approved Driver is at all times the
holder of a current:
(i) valid driver's licence appropriately endorsed or issued in
respect of their Vehicle; and
(ii) valid licence or permit of any other kind needed from time
to time to perform the Cartage Work;
(b) immediately notify the Principal Contractor if a licence or
permit is cancelled or suspended for any reason; and
(c) present any such license or permit to the Principal
Contractor upon request.
12. Principal
Contractors’ Obligations
The Principal Contractor must:
(a) arrange
whenever practicable for a representative of the Principal Contractor to attend
accidents involving substantial load or equipment damage or personal injury;
(b) advise Contract
Carriers as early as possible of urgent or special delivery instructions
arranged for particular work or particular goods;
(c) where goods of
a dangerous or hazardous nature are to be carried, notify the Contract Carrier
of the nature of such goods and comply with all relevant requirements of the
Dangerous Goods (Road and Rail) Act, accompanying Regulations and its related
Codes of Practice;
(d) pay the Contract Carrier any undisputed
amount set out in a valid taxation invoice provided by the Contract Carrier, or
generated for the Contract Carrier, for the Cartage Work performed, within 30
days of the date of receipt by the Principal Contractor of the invoice;
(e) wherever the Contract Carrier is or is
deemed to be for the purposes of the Workers Compensation Act a worker of the
Principal Contractor, take out and maintain at all times a workers'
compensation insurance policy in respect of the Contract Carrier;
(f) comply
with any laws affecting the Principal Contractor’s Cartage Work including
licensing, road transport, fatigue management and work health and safety laws;
and
(g) provide to each Contract Carrier a Cartage Rate Schedule
prior to commencing to perform Cartage Work and whenever there is a change to
the basis of calculation of the Cartage Rates and/or a change to the Cartage
Rates.
13. termination
(a) Where
a Contract Carrier commits misconduct or is in breach of this determination he
may be terminated summarily by the Principal Contractor. An inquiry, if
requested, will be held thereafter within one normal work day by the Principal
Contractor, delegate and, if available, a representative of the union.
(b) Any
other termination shall be on the basis of "last on-first off" for
Contract Carriers operating vehicles of a particular class of vehicle.
14. Insurance
14.1 Insurances
Prior to commencing any Cartage Work, the
Contract Carrier must obtain, and maintain current at all relevant times, the
following insurances at the Contract Carrier’s expense:
(a) comprehensive
and third party motor Vehicle insurance covering personal injury and property
damage arising from the use of the Contract Carrier’s Vehicle or other mobile equipment,
including compliance with any statutory requirements, of not less than
$20,000,000 (or such other amount as the Principal Contractor may require from
time to time) for each and every occurrence;
(b) property insurance covering the full replacement value of
the Contract Carrier’s Vehicle;
(c) public
and products liability insurance written on an occurrence basis covering the
legal liability of the Contract Carrier and the Contract Carrier’s employees
and agents (the "Insured’s") to any third parties for bodily injury
and/or property damage arising from acts or omissions of the Insureds in the
course of, or arising from, the performance of the Cartage Works by the
Contract Carrier or on the Contract Carrier’s behalf of not less than
$20,000,000 (or such other amount as the Principal Contractor may require from
time to time) for each and every occurrence; and
(d) workers’ compensation insurance as required by any relevant
law.
14.2 Endorsements
The Contract Carrier must ensure that, in
respect of the insurance policies taken out, they contain clauses, endorsements
or stipulations as reasonably required by the Principal Contractor.
14.3 Co-Operation
The Contract Carrier must:
(a) not
do, or omit to do, anything which might vitiate, impair or derogate from the
cover under any insurance policy or other cover or which might prejudice any
claim under any policy or other cover; and
(b) fully co-operate with the Principal Contractor in relation
to a claim under the insurances.
14.4 Provision
of Currency
The Contract Carrier must upon the Principal
Contractor’s request provide to the Principal Contractor certificates of
currency evidencing the existence of the policies required to be effected under
this clause and the certificates of currency must, as a minimum, show the
insurer’s name, policy number and policy expiry date.
14.5 Other
Insurances
If the Principal Contractor requires a
Contract Carrier to obtain an insurance other than the
insurances set out in clause 14.1 or to obtain different levels of insurance
cover, the Principal Contractor must reasonably compensate the Contract Carrier
for the cost of that insurance.
15. Allocation
of Work and Rostering
15.1 Allocation
of Cartage Work
A Principal Contractor must allocate Cartage
Work to Contract Carriers transparently, reasonably and lawfully.
15.2 Rostering
A Principal Contractor must roster Contract
Carriers to perform work (including rostering on, return load and rostering
off) transparently, reasonably and lawfully.
16. Fleet
Mix Change
16.1 Changing Fleet Mix - Mandatory Consultation
(a) This clause applies where a Principal
Contractor has made a definite decision to make a fleet mix change that is
likely to have significant effects on Contract Carriers.
(b) For
a fleet mix change referred to in paragraph 16.1(a):
(i) the Principal Contractor must notify the relevant Contract
Carriers of the decision to change the fleet mix; and
(ii) subclauses (c) to (h) apply.
(c) The relevant Contract Carriers may
appoint a representative for the purposes of the procedures in this clause.
(d) If:
(i) a relevant Contract Carrier appoints, or relevant Contract
Carriers appoint, a representative for the purposes of consultation; and
(ii) the Contract Carrier or Contract Carriers advise the
Principal Contractor of the identity of the representative;
(iii) the Principal Contractor must recognise the representative.
(e) As soon as practicable after making its
decision, the Principal Contractor must:
(i) discuss with the relevant Contract Carriers:
A the
proposed change to the fleet mix; and
B the
effect the change is likely to have on the Contract Carriers; and
C measures
the Principal Contractor is taking to avert or mitigate the adverse effect of
the change on the Contract Carriers; and
(ii) for the purposes of the discussion, provide in writing to
the relevant Contract Carriers:
A all
relevant information about the change including the nature of the change
proposed; and
B information
about the expected effects of the change on the Contract Carriers; and
C any
other matters likely to affect the Contract Carriers.
(f) However,
the Principal Contractor is not required to disclose confidential or
commercially sensitive information to the relevant Contract Carriers.
(g) The
Principal Contractor must give prompt and genuine consideration to matters
raised about the change by the relevant Contract Carriers.
(h) In this clause, a "fleet mix
change" arises:
(i) when a Principal Contractor decides to introduce a new
transport type into their fleet being one or more of the following transport
types:
A Contract
Carriers; or
B Drivers
employed by the Principal Contractor; or
C third
party transport providers;
(ii) when a Principal Contractor introduces into their fleet a
new Vehicle configuration.
17. Selling
of Vehicles
No circumstances shall exist where a Vehicle
is sold with Cartage Work.
18. Supervision
of Personnel
The Contract Carrier must ensure that each
and all of its Drivers:
(a) performs the Work and does everything connected with it as
is required of the Contract Carrier by this Determination; and
(b) does not engage in any acts or omissions that give rise to a
breach by the Contract Carrier of this Determination.
Part 4 - Rates
of Remuneration
19. Application
of this Part
This
Part 4-Rates of Remuneration, subject to paragraph
(c), applies to:
(a) Contracts of Carriage for the transportation
of goods from one place to another place, both of which are within the County
of Cumberland; and
(b) Contracts of Carriage for the
transportation of goods from one place to another place, where the second place
is no more than 50 kilometres from the first place.
(c) This part does not apply to:
(i) transportation
of goods requiring refrigeration transported in refrigerated vehicles
(ii) transportation
of cash transported in armoured vehicles
(iii) removal of
furniture and effects from a place of residence to another place of residence
or storage, and
(iv) transport of
goods in the private pathology industry (where the Principal Contractor is
principally engaged in the private pathology industry and the Contracts of
Carriage are by rigid Vehicles of less than 2 tonnes).
20. Rates of Remuneration
20.1
The Principal Contractor shall, subject to clause 21 and subject to any
adjustments and deductions provided for in this Determination pay to a Contract
Carrier for work commenced after the date of commencement of this
Determination:
(a) the rate of remuneration per kilometre in Schedule A being
the running rate applicable to the Contract Carrier's Vehicle for the Work
Distance; and
(b) the
rate of remuneration per hour in Schedule A at the standing hourly rate
applicable to the Contract Carrier's Vehicle for the Work Time calculated to
the nearest half hour; and
(c) any additional rate prescribed by Schedule C.
20.2 The
running rate applicable to the Contract Carrier's Vehicle and the hourly
standing rate applicable to the Contract Carrier's Vehicle shall be that
applicable to a vehicle of the specified age and specified class provided that:
(a) If
the Contract Carrier uses in the course of carrying out work for the Principal
Contractor a Vehicle with a carrying capacity less than the specified carrying
capacity, then the running rate and the hourly standing rate provided for in
Schedule A applicable to a Vehicle with a carrying capacity of the Vehicle used
by the Contract Carrier shall be payable.
(b) If
the Contract Carrier uses in the course of carrying out work for the Principal
Contractor a Vehicle of a greater age than that specified by the Principal
Contractor, then subject to clause 20.3 the running rate and the hourly standing
rate provided for in Schedule A applicable to a Vehicle of the age used by the
Contract Carrier shall be payable.
20.3 If the vehicle of the Contract Carrier
while the Contract Carrier has undertaken work for the Principal Contractor has
been in accordance with the specified age but has ceased by effluxion of time
to be in accordance with the specified age, then the Contract Carrier for a
period after the Vehicle has ceased to be of the specified age either of twelve
months or until the Contract Carrier replaces the Vehicle whichever is the less
shall be entitled to receive remuneration as though the Vehicle was of the
specified age. If the vehicle has not been replaced by the expiration of 12
months after the vehicle has ceased to be of the specified age, then if the
Principal Contractor elects to continue to allocate work to the Contract
Carrier, remuneration shall be paid to the Contract Carrier in accordance with
the actual age of the vehicle.
20.4 The
rates specified in this clause shall be applicable to the Vehicle of the
Contract Carrier notwithstanding that the Contract Carrier uses a Vehicle with
a carrying capacity which is greater than that specified by the Principal
Contractor or a Vehicle of a less age than that provided for in the scale in
Schedule A specified by the Principal Contractor.
21. Alternative Systems of Remuneration
21.1 A
Principal Contractor may be exempted in whole or in part from clause 19,
Remuneration, by way of application to the IRC to vary this Determination to enable
a unit, hourly or other rates to be paid by the Principal Contractor to a
Contract Carrier which will not result in the Contract Carrier, over a period
not exceeding 13 weeks, receiving less remuneration than he would have received
had he been paid the rates prescribed by the said clause 19. For the purposes
of this clause, "unit, hourly or other rates" means rates related to
the number of units or the quantity of goods carried by the Contract Carrier,
to the hours worked by the contract carrier or the trips undertaken by the
Contract Carrier, or by a combination of those factors or related to any other
factor or combination of factors.
22. Tolls & Charges
22.1 [THIS
CLAUSE IS LEFT BLANK INTENTIONALLY]
Part 5 - Miscellaneous
23. Disputes
Procedure
23.1 Application
of Procedure
Any dispute that arises between a Contract
Carrier and a Principal Contractor must be dealt with in accordance with this
clause.
23.2 Appointment
of Representative
A Contract Carrier who is a party to a
dispute may appoint a representative for the purposes of this clause which may
include the Union.
23.3 Procedure
In the first instance, the parties to the
dispute must try to resolve the dispute at the workplace level.
23.4 Notification
to Commission
If the dispute remains unresolved it may be
referred to the IRC.
23.5 Continue
to Perform Cartage Work
Whilst the parties are trying to resolve the
dispute using the procedure set out in this clause:
(a) a
Contract Carrier must continue to perform Cartage Work as they normally would
do unless they hold a reasonable concern about an imminent risk to their health
or safety; and
(b) a Contract Carrier must comply with a direction given by
their Principal Contractor to perform other available Cartage Work, unless:
(i) the Cartage Work is not safe; or
(ii) applicable workplace health and safety legislation would not
permit the Cartage Work to be performed; or
(iii) the Cartage Work is not appropriate for the Contract Carrier
to perform; or
(iv) there are other reasonable grounds for the Contract Carrier
to refuse to comply with the direction.
24. Union
Delegates
24.1 Appointment
A Contract Carrier appointed Delegate in a
yard in which they are Contract Carrier must, upon notification to their
Principal Contractor, be recognised as the accredited representative of the
Union.
24.2 Opportunity
to Meet
An accredited Delegate must be allowed a
reasonable opportunity to meet the relevant manager of the Principal Contractor
and Contract Carriers to discuss matters affecting Contract Carriers whom they
represent.
24.3 Use
of Notice Board
Accredited Union Delegates must be permitted
to put Union notices on a notice board, signed or countersigned by the
representative posting it.
25. Record
keeping
25.1 Obligations
The
Principal Contractor must record either in documentary form or electronic form,
the following information for each Contract Carrier:
(a) any Cartage
Rate Schedule;
(b) start and
finish times;
(c) hours worked
per day;
(d) kilometres
travelled per day;
(e) Start and Finish Place;
(f) remuneration
paid;
(g) a copy of any
written contract entered into with the Contract Carrier;
(h) all trip
schedules and driver rosters;
(i) all safe
driving plans and risk assessments that relate to the fatigue of road transport
drivers;
(j) all reported breaches and suspected
breaches of the fatigue management law, including breaches and suspected
breaches identified by the Principal Contractor; and
(k) all breaches of
fatigue management laws investigated by the Principal Contractor, the outcome
and any remedial action taken.
25.2 Maintenance of Records
The
Principal Contractor must maintain all the records arising from clause 25.1 for
a period of seven years.
25.3 Contract
Carrier to Assist
(a) A Contract Carrier must do all things
reasonably directed by the Principal Contractor to gather and record the
information referred to in clause 25.1.
(b) A
Principal Contractor must not be liable for breach of this clause 25 because of
the failure of a Contract Carrier to comply with clause (a).
26. Leave Reserved
Leave is reserved to any party to this
Determination to apply to vary the Determination in respect of:
(a) its application to the transport of pre-fabricated
construction materials to and from construction sites;
(b) rates of remuneration and related matters; and
(c) coverage of the Determination.
Schedule A - Rates of Remuneration
1. It is expressly
noted that the rates of remuneration in Schedules A and D have taken into
account, and include payment, for the following factors:
(a) Wages - based
on the General Rate of pay for a Transport Worker Grade Three as per Table 1
Wages of Part B - Monetary Rates contained in the Transport Industry (State)
Award.
(b) Overtime - in
excess of 40 hours each week.
(c) Annual Leave.
(d) Long Service
Leave.
(e) Public
Holidays.
(f) Picnic Day.
(g) Sick Leave.
(h) Return on
capital invested.
(i) Depreciation.
(j) Lease Costs.
(k) Registration
and compulsory third party insurance.
(l) Comprehensive
insurance.
(m) Public liability
insurance.
(n) Personal
accident insurance.
(o) Administrative
overheads.
(p) Fuel.
(q) Oil.
(r) Tyres.
(s) Repairs and
maintenance.
(t) Industry -
specific allowances.
2. Where:
(a) a carrier performs a contract of carriage within the area,
incidence and duration of this determination; and
(b) the carrier is
eligible to claim a rebate pursuant to the Commonwealth Government’s Energy
Grants (Credits) Scheme (‘the scheme’) for that contract of carriage; and
(c) the carrier has been requested to apply for the rebate
pursuant to the scheme by the principal contractor;
the principal contractor shall
pay the Rates of Remuneration specified in Table One of this Schedule to the
carrier for the performance of that contract of carriage.
3. If a carrier
is:
(a) ineligible to apply for the rebate pursuant to the scheme;
or
(b) has not been requested to apply for the rebate pursuant to
the scheme; or
(c) has become ineligible to claim a rebate pursuant to the
scheme; or
(d) the scheme is abolished
then the principal contractor
shall apply the Rates of Remuneration specified in Table Two of this Schedule
to the carrier for the performance of that contract of carriage.
4. Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to subclause (ii) of this Schedule.
5. Table One - Vehicle Rates
Where the Commonwealth Government’s fuel tax credit subsidy
is applicable:
|
Class of Vehicle
|
Vehicle Age
|
|
|
Scale A (Up to 1 year)
|
Scale B (over 1
year, up to 3 yrs)
|
Scale C (over 3
yrs)
|
|
Rigid Vehicles
Carrying Capacity
|
Hourly Standing Rate
($ per hour)
|
Running Rate
(cents per km)
|
Hourly Standing Rate
($)
|
Running Rate
(cents per km)
|
Hourly Standing Rate
($)
|
Running Rate
(cents per km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
2 to 5 Tonnes
|
36.81
|
43.29
|
32.32
|
46.43
|
25.93
|
46.49
|
|
5 to 8 Tonnes
|
43.53
|
59.91
|
37.01
|
60.18
|
27.84
|
60.22
|
|
8 to 10 Tonnes
|
50.88
|
73.25
|
42.19
|
74.09
|
35.69
|
74.12
|
|
10 to 12 Tonnes
|
68.02
|
103.12
|
53.39
|
101.97
|
43.38
|
102.10
|
|
12 TO 14 Tonnes
|
88.21
|
129.63
|
66.70
|
129.58
|
52.33
|
129.73
|
|
14 Tonnes +
|
98.33
|
153.84
|
73.54
|
152.48
|
56.12
|
152.66
|
|
Single Axle Prime Mover
|
71.24
|
139.95
|
55.78
|
140.59
|
45.52
|
140.71
|
|
Bogie Axle Prime Mover
|
101.04
|
161.07
|
75.50
|
160.95
|
57.51
|
161.12
|
6. Table Two - Vehicle Rates
Where the Commonwealth Government’s fuel tax credit subsidy
does not apply:
|
Class of Vehicle
|
Vehicle Age
|
|
|
Scale A (Up to 1
year)
|
Scale B (over 1
year, up to 3 yrs)
|
Scale C (over 3
yrs)
|
|
Rigid Vehicles
Carrying Capacity
|
Hourly Standing
Rate
($)
|
Running Rate
(cents per km)
|
Hourly Standing
Rate
($)
|
Running Rate
(cents per km)
|
Hourly Standing
Rate
($)
|
Running Rate
(cents per km)
|
|
Up to 2 Tonnes
|
32.54
|
42.56
|
28.10
|
43.09
|
|
|
|
2 to 5 Tonnes
|
36.81
|
49.00
|
32.28
|
49.08
|
25.93
|
49.14
|
|
5 to 8 Tonnes
|
43.53
|
63.08
|
36.96
|
63.53
|
27.84
|
60.21
|
|
8 to 10 Tonnes
|
50.88
|
76.64
|
42.12
|
77.97
|
35.69
|
74.25
|
|
10 to 12 Tonnes
|
68.02
|
108.71
|
53.32
|
106.61
|
43.38
|
102.56
|
|
12 to 14 Tonnes
|
88.21
|
136.28
|
66.60
|
136.50
|
52.33
|
129.78
|
|
14 Tonnes +
|
98.33
|
162.38
|
73.43
|
160.21
|
56.12
|
152.96
|
|
Single Axle Prime Mover
|
71.25
|
147.36
|
55.71
|
148.36
|
45.52
|
140.72
|
|
Bogie Axle Prime Mover
|
101.04
|
169.54
|
75.40
|
169.36
|
57.51
|
161.32
|
Schedule B - Procedure and Time for
Adjustment of Rates
1. The rates
prescribed in Schedules A and D together with the additional amounts in Schedule
C 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 IRC 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 the default of agreement
the rates and amounts shall be determined by the Industrial Relations
Commission of New South Wales.
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
|
Method of Adjustment
|
|
1. Wage
Factor Sick Leave
|
Adjust according to the actual percentage change in the
General Rate of pay for a Transport Worker Grade Three as per Table 1, Wages
of Part B - Monetary Rates contained in the Transport Industry (State) Award.
|
|
2. Return on Capital
Depreciation Lease Cost
|
Adjust by the average percentage change in the price of
the following vehicles:
(i) Freightliner CL 112 450HP
(ii) Isuzu FTR 900 MWB
(iii) Holden Colorado Ute 2dr Man 5sp CC
or a comparable vehicle replacing any of these vehicles as
determined by "The Red Book"
|
|
3. Registration
and C.T.P.
|
Adjust by the Average Percentage Change in the
registration/CTP charges for a Sterling Louisville Prime Mover, an Isuzu FTR
800 and a Holden Rodeo CC LX (or a comparable vehicle replacing any of these
vehicles)
|
|
4. Insurances
|
Adjust according to the Percentage Change as per the ABS
CPI Transportation Sub Group "Vehicle Insurance".
|
|
5. Administration
|
Adjust according to the Percentage Change as per the ABS
CPI Sydney (All Groups).
|
|
6. Fuel
|
Adjust according to the Percentage Change as per the AIP
NSW State weekly average for the retail price of diesel, excluding GST.
|
|
7. Tyres
|
Adjust according to the Percentage Change as per the ABS
CPI Transportation Sub Group ‘Motor Vehicle Parts and Accessories’.
|
|
8. Repairs
and Maintenance
|
The Adjustment
shall be based upon the following index:
Labour: 67
Parts: 33
Total: 100
"Labour" is adjusted according to the percentage
increase in a Mechanics wage under the Metal, Engineering and Associated
Industries (State) Award.
"Parts" is adjusted by application of the
movement in the Consumer Price Index (All Groups), Sydney.
|
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 C - 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:
(a) 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.
(b) 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:
(i) 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 become operative is at least one calendar month after the last
occasion upon which a fuel rate adjustment became operative;
(ii) subject to paragraphs (iii) and (iv) below, the rates of remuneration
shall vary using the existing rise and fall formula for the price of fuel in
this determination;
(iii) 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
(iv) 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.
(c) the parties to
this determination shall take all necessary steps to enable an application made
pursuant to subclause (b) hereof to the 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.
(d) the fuel index, reflecting the rate as at 21 September 2014,
is 154.8 cents per litre. This index is
exclusive of GST.
Schedule C - Additional Amounts
1. Trailer
Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply a flat top trailer for use in a contract of
carriage shall be paid the following allowances for each day (and
proportionately for part of a day) during which the equipment is used for the
purpose of the contract of carriage:
|
Single Axle
|
$19.75 per day
|
|
Dual Axle
|
$25.89 per day
|
|
Tri Axle
|
$31.85 per day
|
2. Ropes and Gear
Allowance
A Contract Carrier who, in order to perform a contract of
carriage, is required to supply tarpaulins, ropes, gates, chains and
dogs for use in
a contract of
carriage shall be
paid the following allowance for
each day (and proportionately for
part of a day) during which the equipment is used for the purpose of the
contract of carriage:
$4.01 per day.
3. Twistlock
Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to fit his trailer with twistlocks for the carriage of
I.S.O. containers shall be paid the following allowance for each day (and
proportionately for part of a day) during which the equipment is used for the
purpose of the contract of carriage:
$3.01 per day.
4. Mechanical
Lifting Equipment Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply rear or side-loading mechanical devices,
shall be paid the following allowance for each day (and proportionately for
part of a day) during which the equipment is used for the purpose of the
contract of carriage:
Rear-Lift Platforms:
Up to and including 3,000 lbs. capacity: $4.80 per day
Up to and including 6,000 lbs. capacity: $6.57 per day.
Side-Loading Devices:
$21.18 per day
Schedule D - Waterfront and Container
Depots
1. The following
conditions and allowances shall apply to contracts of carriage performed in or
in connection with Container Depots and Waterfront areas, in addition to all
other applicable rates and conditions provided for by this Contract Determination,
provided that the rates contained in Clause 3, Trailer Allowance, of this
Schedule shall apply in substitution for the rates contained in Clause 1,
Trailer Allowance, Clause 2, Ropes and Gear Allowance, and Clause 3, Twist lock
Allowance of Schedule C, Additional Amounts, of this Contract
Determination.
2. The minimum
rates of remuneration payable for any contract of carriage performed within the
scope of this Schedule and defined in Clause 1, hereof, shall be as follows:
(a) Where:
(i) a carrier performs a contract of carriage within the area,
incidence and duration of this determination; and
(ii) the carrier
is eligible to claim a rebate pursuant to the Commonwealth Government’s Energy
Grants (Credits) Scheme (‘the scheme’) for that contract of carriage; and
(iii) the carrier has been requested to apply for the rebate
pursuant to the scheme by the principal contractor
the principal contractor shall
pay the amount appearing in the column headed "Rate A" for the
appropriate vehicle classification for the performance of that contract of
carriage.
(b) If a carrier
is:
(i) ineligible to apply for the rebate pursuant to the scheme;
or
(ii) has not been requested to apply for the rebate pursuant to
the scheme; or
(iii) has become ineligible to claim a rebate pursuant to the
scheme; or
(iv) the scheme is abolished
then the principal contractor
shall the pay the amount appearing in the column headed "Rate B" for
the appropriate vehicle classification of the performance of that contract of
carriage.
(c) Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to subclause 2(ii) of this Schedule.
|
Class of Vehicle
|
Rate A
|
Rate B
|
|
Rigid Vehicle
|
Subsidy
|
No Subsidy
|
|
Not less than 8 and not greater than 10 tonnes
|
47.27
|
47.87
|
|
Not less than 10 and not greater than 12 tonnes
|
57.61
|
58.33
|
|
Not less than 12 and not greater than 14 tonnes
|
69.11
|
70.15
|
|
Not less than 14 tonnes
|
76.18
|
77.39
|
|
Single Axle Prime Mover
|
65.26
|
66.45
|
|
Bogie Axle Prime Mover
|
78.45
|
79.77
|
The above rates of remuneration are calculated from
"Scale D" (as provided for in the table headed Schedule A, Vehicle
Rates, appearing in Schedule A, Rates of Remuneration, of this Contract
Determination) and are based on a minimum distance travelled of 23,500 km per
annum on contracts of carriage performed in or in connection with Container
Depots and Waterfront areas.
3. Trailer
Allowance:
A Contract Carrier who, in order to perform a contract of
carriage, is required to supply one of the trailers listed below (irrespective
of axle configuration), shall be paid the following allowance for each day, (or
part of a day) during the equipment is so used:
|
40 ft Skel trailer
|
$52.20 per day
|
|
40 ft General Purpose trailer
|
$52.20 per day
|
|
Dog or Pig trailer
|
$39.07 per day
|
|
Pup trailer
|
$26.10 per day
|
|
20 ft Skel trailer
|
$46.99 per day
|
4. Towing rates:
A Contract Carrier, whose vehicle is in the performance of a
contract of carriage, is required to tow one of the trailers listed below
(irrespective of axle configuration), shall be paid the following allowance for
each hour (pro-rata for part of an hour) during which such trailer is towed:
|
40 ft trailer
|
$2.73 per hour
|
|
Dog/Pig trailer
|
$5.35 per hour
|
|
Pup trailer
|
$3.94 per hour
|
5. Adjustment of
the allowances and rates in Clause 3 and 4 of this Schedule shall be by application
of the movement of the Consumer Price Index (All Groups), Sydney.
6. Contract
Carriers who perform work pursuant to this Schedule shall have paid on their
behalf by principal contractors who are members of the NSW Road Transport
Association contributions into the TWU Superannuation Fund in the amounts
prescribed by the Transport Industry (State) Superannuation Award.
7. Clause 3,
Savings clause, of this this Determination shall apply to the above rates and
conditions.
SCHEDULE E - Exemption from Compliance with
Provisions of clause 20
The following
Companies and/or entities, each being principal contractors as defined in this
contract determination, are exempted from the whole of the provisions of clause
20-Rates of Remuneration, on and from the date shown adjacent to the name:
|
Name of
Company/Entity
|
Date of Effect of
Exemption
|
|
Owens Transport
Pty Limited
|
10 March 1994
|
Provided that
the rates paid by the principal contractor to a contract carrier meet the minima
prescribed by clause 17 regarding average remuneration that would otherwise
have been received under the determination over a period not exceeding thirteen
weeks.
Schedule
F - Nominated Contract
Determinations
The Nominated Contract Determinations are:
1. Transport
Industry - Car Carriers (N.S.W.) Contract Determination;
2. Transport
Industry - Concrete Haulage Contract Determination;
3. Transport
Industry - Excavated Materials Contract Determination;
4. Transport
Industry - Quarried Materials Contract Determination;
5. Transport
Industry - Waste Collection and Recycling Contract Determination;
6. Hanson
Construction Materials Pty Limited Concrete Carriers Contract Determination;
7. Transport
Industry - Courier and Taxi Truck Contract Determination;
8. Transport
Industry - Concrete Haulage - Mini Trucks Contract Determination;
9. Transport
Industry - Readymix Holdings Pty Ltd Concrete Cartage Contract Determination;
10. Boral
Transport Limited Haulier Contract Determination;
11. CEVA
Logistics (Australia) Pty Ltd (NSW Vehicle Logistics Local Fleet) Contract
Determination;
12. Readymix
Holding Pty Ltd Sydney Concrete Carriers Contract Determination;
13. Readymix
Holdings Pty Ltd Country Concrete Carriers Contract Determination;
14. Transport
Industry - Quarried Materials, &c., Carriers Interim Contract
Determination;
15. Australian
Liquor Marketers Pty Limited Carriers Contract Determination;
16. Boral
Country - Concrete and Quarries Contract Determination;
17. Boral
Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract
Determination;
18. Transport
Industry - Metromix Concrete Haulage Contract Determination;
19. Transport
Industry - Allied Express TWU Interim Contract Determination;
20. Couriers
Please Pty Ltd Contract Determination;
21. Transport
Industry - Mayne Logistics Contract Determination;
22. Transport
Industry - Penrith City Council Contract Determination;
23. Boral GST
Protocol (Facilitation and Compliance) Contract Determination;
24. TNT
Domestic & International Express Ancillary Contract Determination, The;
25. Transport
Industry - Courier and Taxi Truck (Superannuation) Contract Determination;
26. Superior
Premix Contract Determination No. 2;
27. Superior
Premix Contract Determination - Blacktown City Council Project;
28. Transport
Industry - General Carriers (The Smith Family) Contract Determination;
29. Boral
Transport Limited Quarried Materials Minimum Load Contract Determination; and
30. Monier
Roofing Limited and Reliance Roof Tiles Pty Ltd Contract Determination.
P. M. KITE , Acting Justice
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Printed by the authority of the Industrial Registrar.