Transport Industry - Excavated Materials, Contract
Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 174729 of 2022)
|
Before Commissioner O'Sullivan
|
8 July 2022
|
VARIATION
1. At the end of
the Arrangement of the award published 24 October 1997 (I301 I. G. 1082) insert
the following new Part D.
PART D
Temporary Fuel Levy
2. Delete Part B,
Rates of Remuneration, and Part C, Rise and Fall Formula, and insert in lieu
thereof the following:
PART B
Rates of Remuneration
|
Item
|
2 Axles ($)
|
3 Axles ($)
|
4 Axles ($)
|
5 Axles ($)
|
6 Axles ($)
|
6 Axles (48t) ($)
|
7 Axles ($)
|
PBS T&D ($)
|
|
1. Loading Rate
|
19.816
|
30.856
|
37.476
|
44.589
|
48.017
|
51.432
|
52.171
|
55.586
|
|
1A. Extra Capacity
|
3.415
|
3.415
|
3.415
|
3.415
|
3.415
|
x
|
3.415
|
x
|
|
(per cubic metre)
|
|
|
|
|
|
|
|
|
|
2. Kilometre Rate
|
4.983
|
7.763
|
9.427
|
11.218
|
12.077
|
12.937
|
13.125
|
13.984
|
|
(0-8 Km)
|
|
|
|
|
|
|
|
|
|
2A. Extra Capacity
|
0.860
|
0.860
|
0.860
|
0.860
|
0.860
|
x
|
0.860
|
x
|
|
(per cubic metre)
|
|
|
|
|
|
|
|
|
|
3. Kilometre Rate
|
4.611
|
7.182
|
8.725
|
10.379
|
11.180
|
11.976
|
12.148
|
12.943
|
|
(over 8 - 25 km)
|
|
|
|
|
|
|
|
|
|
3A. Extra Capacity
|
0.796
|
0.796
|
0.796
|
0.796
|
0.796
|
x
|
0.796
|
x
|
|
(per cubic metre)
|
|
|
|
|
|
|
|
|
|
4. Kilometre Rate
|
3.627
|
3.627
|
3.627
|
3.627
|
3.627
|
4.366
|
3.627
|
4.366
|
|
(over 25 km)
|
|
|
|
|
|
|
|
|
|
4A. Extra Capacity
|
0.739
|
0.739
|
0.739
|
0.739
|
0.739
|
x
|
0.739
|
x
|
|
(per cubic metre)
|
|
|
|
|
|
|
|
|
|
6. Hourly Rate
|
64.971
|
101.168
|
122.916
|
146.135
|
157.380
|
168.619
|
179.076
|
190.314
|
|
6A. Extra Capacity
|
11.239
|
11.239
|
11.239
|
11.239
|
11.239
|
x
|
11.239
|
x
|
|
(per cubic metre)
|
|
|
|
|
|
|
|
|
PART C
Rise and Fall Formula
1. The rates prescribed
in Part B may be adjusted each year upon application to the Industrial
Relations Commission of New South Wales.
2. Application for
adjustment shall be made by reference to the weighted movement in the following
benchmarks for each cost component, calculated as at the end of the full
quarter immediately preceding the variation, with each adjustment application
based upon the rates and amounts in the immediately preceding variation.
|
Component
Current
|
Benchmark
|
Current Index
$
|
Weighting
|
|
Wages
|
Road Transport and Distribution Award 2010, Grade Three
Transport Worker
|
849.10
|
35.20
|
|
Capital
|
ABS Consumer Price Index (CPI), Motor Vehicles, Australia
|
102.6
|
19.11
|
|
Insurances
|
ABS CPI, Insurance, Australia
|
139.3
|
5.99
|
|
Registration
|
ABS CPI, Transportation Group, Other Services in respect
of motor vehicles
|
133.8
|
3.36
|
|
Repairs
& Maintenance
|
ABS CPI, Transportation Group, Maintenance and Repair of
Motor and Repair of motor vehicles
|
120.5
|
18.02
|
|
Tyres
|
ABS CPI, Transportation Group, Spare Parts and Accessories
for motor vehicles
|
114.8
|
4.67
|
|
Fuel
AIP NSW State
|
Average for the Retail Price of diesel (excluding GST),
calculated by determining the average of the weekly figures
|
120.97
|
10.25
|
|
|
between the end of the quarter relating to the last
variation and the end of the quarter prior to any new variation.
|
|
|
|
Administration
|
ABS CPI, All Groups, Sydney
|
120.2
|
3.40
|
|
Total
|
|
|
100
|
3. If the cost components,
excepting fuel, change such that it causes an increase in the total
remuneration of 2 percent or more from the date of the last variation, an
interim adjustment may be made. 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 become operative is at least
one calendar month after the last occasion upon which a fuel rate adjustment
became operative.
4. Each cost
component will be re-weighed after each adjustment.
5. Parties to this
Determination will confer with a view to reaching agreement on any application
for adjustment on any application for adjustment. In the absence of agreement
the rates and amounts shall be determined by the IRC.
6. Notwithstanding
anything contained in this Part, 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. Insert after
Part C the following Part D:
PART D
Temporary Fuel Levy
1. Application
1.1 This Part
applies to all Contracts of Carriage performed on or after 1 August 2022.
2. Background
2.1 This Part was
introduced by the IRC in Matter No. 2022/174729 as a temporary measure to
respond to significant fluctuations in the price of fuel 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 Levy).
3.2 The Temporary
Fuel Levy shall be paid as a percentage of the total amounts payable to the
Contract Carrier under this Determination.
3.3 For Contracts of
Carriage performed on or after 1 August 2022, the Temporary Fuel Levy shall be
6.5%.
4. Review
4.1 The Temporary
Fuel Levy shall be reviewed on a monthly basis, subject to an application being
made to the IRC.
4.2 The Temporary
Fuel Levy shall be calculated by applying the following formula:
((x-y) / y) * z
where:
x = 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, in cents, exclusive of GST;
y = 120.97 (being the current index price of fuel as
set out in part C of the Determination); and
z = 0.1025, being the weighting applied to the fuel
component as set out in part C of the Determination); and
4.3 The Temporary
Fuel Levy shall be rounded to one decimal place.
4.4 Parties seeking
a variation to the Temporary Fuel Levy shall make an application to the IRC by
the second Monday of the relevant calendar month.
4.5 The revised
Temporary Fuel Levy will apply from the first day of the following calendar
month.
4.6 As the Temporary
Fuel Levy responds to fluctuations in fuel prices, it may increase or decrease
from time to time.
5. Other
Provisions
5.1 The Temporary Fuel
Levy 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 Part 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.
4. This
variation takes effect from the first full pay period commencing on or after 1
August 2022.
D. O'SULLIVAN Commissioner
____________________
Printed by
the authority of the Industrial Registrar.