Metromix Pty Limited Maxi Concrete Cartage Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Metromix Pty Ltd.

 

(Case No. 110607 of 2021)

 

 

VARIATION

 

1.        Insert after subclause 4.14 of subclause 4, Surcharge, of the Arrangement, of the contract determination published 22 June 2018 (383 I.G. 185), the following new subclause:

 

4.15    Early Load Time

 

2.        Delete paragraph (c) of subclause 4.11 of clause 4, Surcharges, and insert in lieu thereof the following:

 

(c)       To avoid any doubt a Contract Carrier shall only be paid the call back surcharge if the Contract Carrier has been released from performing Cartage Work on a day and has left the Plant and is then called back to the Plant to recommence performing Cartage Work outside of Metromix’s Normal Trading Hours on that day.

 

3.        Insert after subclause 4.14 of clause 4, Surcharges, the following new subclause:

 

4.15    Early Load Time

 

(a)       When a Contract Carrier has been given a load time to commence performing Cartage Work on a day, in accordance with clause 9.3, that is on or from 4.00am and before 5.00am the Contract Carrier shall be paid a surcharge equivalent to a Call Back surcharge. This surcharge shall be in addition to any surcharge arising from subclause 4.10.

 

(b)      When a Contract Carrier has been given a load time to commence performing Cartage Work on a day, in accordance with clause 9.3, that is on or from 5.00am and before 6.00am and the Contract Carrier does not receive a load before 6.00am they shall be paid a surcharge equivalent to a Call Back surcharge. To avoid any doubt:

 

(i)       this surcharge shall not be paid if the Contract Carrier receives a load (batched time); and

 

(ii)      if the Contract Carrier receives a load (batched time), they shall receive any relevant surcharge arising from clause 4.10.

 

(c)       The surcharges set out in this subclause 4.15 shall be varied when and by the percentage that other Surcharges are varied in accordance with this Contract Determination. 

 

4.        Delete the definition of "Night Shift" in clause 29, Dictionary, and insert in lieu thereof the following:

 

Night Shift means a shift where a Contract Carrier is rostered, in accordance with clause 9.3, to commence performing Cartage Work after 6.00pm and before 4.00am. To avoid any doubt this does not include an early load time (refer clause 4.15), a late finish outside of Metromix’s Normal Trading Hours or when a Contract Carrier is called back in accordance with clause 4.11.

 

5.        This variation will take effect on and from 27 May 2021.

 

 

 

J. WEBSTER, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.