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. 268331 of 2019)

 

 

DETERMINATION

 

1.         Delete the definition of "The Act" in clause 1, Definitions, of the determination published 14 August 1992 (271 I.G. 78) and insert in lieu thereof the following:

 

"The Act" shall mean the Industrial Relations Act 1996 (NSW).

 

2.         Delete the definition of "Union" in clause 1, Definitions, and insert in lieu thereof the following:

 

"Union" shall mean the Transport Workers’ Union of New South Wales (registered under the Act as an association of contract carriers).

 

3.         Delete paragraph (c) of subclause (vi) of clause 2, Cartage Rates, and insert in lieu thereof the following:

 

(c)       the carrier has been requested to apply for the rebate pursuant to the scheme by the principal contractor; the principal contractor may reduce the cartage rates payable in Annexure "A" of this determination up to a maximum of 1.49% of the rate otherwise payable to the carrier for the performance of that contract of carriage.

 

4.         Delete subclause (ii) of clause 4, Adjustment of Rates, and insert in lieu thereof the following:

 

(ii)       Subject to subclause (iii) of this clause, the Cartage Rates set out in Annexure "A" shall be adjusted upon appropriate application every six months, on 1 June and 1 December, and shall be based on the cost levels of the rise and fall components contained in Annexure "B" as at the end of the preceding March and September quarters, respectively.

 

5.         Delete subclause (iii) of clause 15, Dispute Procedure, and insert in lieu thereof the following:

 

(iii)     If the dispute remains unresolved, the contractor or the union may notify the dispute in accordance with the Industrial Relations Act 1996 (NSW).

 

6.         Delete Schedule 1, Quantity/Distance and Hourly Hire Rates of Annexure A, and insert in lieu thereof the following:

 

ANNEXURE "A"

 

CARTAGE RATES

 

SCHEDULE 1: QUANTITY/DISTANCE AND HOURLY HIRE RATES

 

 

7.         Delete subclause 2 of Annexure B, Schedule 1 - Procedures, and insert in lieu thereof the following:

 

2.         Variations shall be established by ascertaining the percentage change in in the various cost components contained at Schedule 3, Benchmarks, from the time the last variation of the rates was calculated to the end of the full quarter immediately preceding the variation.

 

8.         Delete paragraph 2.2 of subclause 2 of Annexure B, Schedule 1, and insert in lieu thereof the following:

 

2.2       If for any reason a relevant figure is not available or obtained at the date an application for variation to the rates detailed in Annexure "A" is made, the latest available figure is to be taken. Adjustment will be made when figures are next determined for the difference between figures at the date the next application for variation is made and the figure used as calculated above.

 

9.         Delete paragraph 2.5 of subclause 2 of Annexure B, Schedule 1, and insert in lieu thereof the following:

 

2.5       The sum of the new percentage of Total Cost figures minus 100% shall be the Percentage Increase to apply. All costs are to be the latest available from the source reference as at the end of the full quarter immediately preceding the variation. All rates for symbols F.F and A through to I are to be expressed to 3 decimal points. When preparing schedules of rates payable per unit quantity for various distances, the rates for flag fall and the distance are to be calculated each using 3 decimal points and the final figure from the addition of the flag fall and the "distance" amount then rounded to two decimal points. When calculating rates per cubic metre, the final figure per tonne to 3 decimal points from the addition of the flag fall and the distance is to be multiplied by the relevant conversion factor, and the resultant figure then rounded to two decimal points to obtain the rate per cubic metre.

 

10.      Delete subclause 5 of Annexure B, Schedule 1, and insert in lieu thereof the following:

 

5.         The variation to the rates shall be effective from the date determined by the Industrial Relations Commission (such date should not be before one month after the date the variation is made), provided that principal contractors have sufficient time to give appropriate notice to their customers.

 

11.      Delete paragraph (4) of clause 7 of Schedule 1 of Annexure B, Rise and Fall Formula: Procedures, and insert in lieu thereof the following:

 

(4)       The fuel index, reflecting current rates is 148.60 cents.  This is exclusive of GST.

 

12.      Delete Schedules 2 and 3 of Annexure B, and insert in lieu thereof the following:

 

SCHEDULE 2 - COST COMPONENT FORMULA

 

 

 

SCHEDULE 3 - BENCHMARKS

 

Applications for adjustment shall be made by reference to movements in the following benchmarks for each of the following cost components.

 

 

13.      This variation shall take effect on and from 18 November 2019 with the rate increases to take effect on and from 18 December 2019.

 

 

 

J.V. MURPHY, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.