Transport Industry - General Carriers Contract
Determination 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 77087 of 2022)
|
Before Commissioner Sloan
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12 April 2022
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VARIATION
1. Insert after Schedule
H - Superannuation Contribution Arrangements, in the arrangement of the
contract determination published 24 August 2020 (387 I.G. 924) the following
new Schedule I:
Schedule I - Temporary Fuel Surcharge
2. Insert after Schedule
H - Superannuation Contribution Arrangements
the following Schedule I:
SCHEDULE I - TEMPORARY FUEL SURCHAGE
1. APPLICATION
1.1 This Schedule
applies to all Contracts of Carriage to which Part 4 of this Determination
applies, other than Contracts of Carriage performed by a Light Vehicle.
2. BACKGROUND
2.1 This Schedule
was introduced by the IRC in Matter No. 2022/77087 as a temporary measure to
respond to significant fluctuations in the price of fuel arising from the war
in Ukraine and the temporary inability for Contract Carriers to claim fuel tax
credits.
3. THE SURCHARGE
3.1 In addition to
all other amounts set out in this Determination, a Principal Contractor must
pay a Contract Carrier an additional amount (the Temporary Fuel Surcharge).
3.2 For pay periods
commencing between 18 April 2022 and 16 May 2022, the Temporary Fuel Surcharge
shall be:
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Vehicle Carrying Capacity
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Surcharge
(per km)
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Rigid-carrying capacity over 3 and including 5 tonnes
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$0.11
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Rigid-carrying capacity over 5 and including 8 tonnes
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$0.18
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Rigid-carrying
capacity over 8 and including 10 tonnes
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$0.27
|
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Rigid-carrying
capacity over 10 and including 12 tonnes
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$0.27
|
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Rigid-carrying
capacity over 12 and including 14 tonnes
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$0.27
|
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Rigid-carrying
capacity over 14 tonnes or more
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$0.34
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Single
Axle Prime Mover
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$0.34
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Bogie
Axle Prime Mover
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$0.42
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3.3 Where Schedule C
(which deals with waterfront and container depots) applies to a Contact of
Carriage, the Principal Contractor may elect to pay the following Temporary
Fuel Surcharge in lieu of the amount in clause 3.2:
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Vehicle Carrying Capacity
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Surcharge
(per km)
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Rigid-carrying
capacity over 8 and including 10 tonnes
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$3.72
|
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Rigid-carrying
capacity over 10 and including 12 tonnes
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$3.72
|
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Rigid-carrying
capacity over 12 and including 14 tonnes
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$3.72
|
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Rigid-carrying
capacity over 14 tonnes or more
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$4.77
|
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Single
Axle Prime Mover
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$4.79
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Bogie
Axle Prime Mover
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$5.81
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4. REVIEW
4.1 The Temporary
Fuel Surcharge shall be reviewed on a monthly basis.
4.2 The Temporary
Fuel Surcharge shall be calculated by updating the fuel component of the Cost
Model with the mean of all weekly retail diesel prices (NSW State Average)
published by the Australian Institute of Petroleum for weeks ending in the
prior calendar month.
4.3 Parties shall
calculate the Temporary Fuel Surcharge and provide the results to the IRC by
the second Monday of each calendar month.
4.4 The revised
Temporary Fuel Surcharge will apply from the third Monday in each calendar
month.
4.5 As the Temporary
Fuel Surcharge responds to fluctuations in fuel prices, it may increase or
decrease from time to time.
5. OTHER PROVISIONS
5.1 The Temporary
Fuel Surcharge may be offset by any payments made to a Contract Carrier in
excess of the amounts prescribed elsewhere in this Determination.
5.2 Leave is
reserved for any party to apply to vary the operation of this Schedule in
circumstances where the Principal Contractor:
(a) provides the
Contract Carrier with fuel, either for free or at a cost below the prevailing
market rate;
(b) directly
reimburses the Contract Carrier for some or all of their fuel costs; or
(c) otherwise
compensates the Contract Carrier for their fuel costs.
3. This
variation will take effect on 18 April 2022.
D.
SLOAN, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.