Hy-Tec Industries Pty Ltd - Maxi Concrete Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Hy-Tec Industries Pty Ltd.

 

(Case No. 10206 of 2023)

 

 

VARIATION

 

1.        Delete subclause 2, Hy-Tec to Pay Current Rates, Surcharges and Fees, of Schedule 1 - Rates, Surcharges and Fees, of the award published 19 November 2021 (390 I.G. 1190), and insert in lieu thereof the following:

 

2.  Hy-Tec to Pay Current Rates, Surcharges and Fees

 

2.1      Subject to subclause 2.4 of this Schedule, Hy-Tec will:

 

(a)       pay to the Contract Carriers the out of hours surcharges set out in the table at subclause 2.3 below;

 

(b)      continue to pay to the Contract Carriers all other:

 

(i)       Rates;

 

(ii)      surcharges (except for any out of hours surcharges); and

 

(iii)     fees, on the basis they were paid to the Contract Carriers as at the date this Contract Determination was made; and

 

(c)       continue to apply the periodic rise and fall formula on the basis it was applied to all Rates, Surcharges and Fees from the date this Contract Determination is varied.

 

2.2

 

(a)       Despite subclause 2.1(c), the cost and rate model used to derive utilisation based cartage rates shall operate with a lower threshold of 5500m3 and an upper threshold of 9500m3.

 

(b)      Leave reserved is granted to the parties to apply as they see fit in regard to the cost and rate model used to derive the utilisation based cartage rates.

 

2.3      Table of Out of Hours Surcharges

 

6 Wheeler
Surcharge	Application	Amount
Surcharge 1	Monday to Friday after 5.00am and up to and	$9.53 per m3 (min 3.0 m3)
	including 6.00am
	Monday to Friday from 5.00pm and before 7.00pm
Surcharge 2	Monday to Friday from 7.00pm and up to and	$15.24 per m3 (min 3.0 m3)
	including 5.00am
	Before 6.00am on a Saturday
Surcharge 3	Saturday 1.00pm to 5.00pm	$15.24 per m3 (min 3.0 m3)
Surcharge 4	Saturday after 5.00pm	$22.54 per m3
Surcharge 5	Sunday	$22.54 per m3
Surcharge 6	Public Holiday	$30.05 per m3

 

8 Wheeler
Surcharge	Application	Amount
Surcharge 1	Monday to Friday after 5.00am and up to and	$8.46 per m3 (min 3.6 m3)
	including 6.00am
	Monday to Friday from 5.00pm and before 7.00pm
Surcharge 2	Monday to Friday from 7.00pm and up to and	$13.55 per m3 (min 3.6 m3)
	including 5.00am
	Before 6.00am on a Saturday
Surcharge 3	Saturday 1.00pm to 5.00pm	$13.55 per m3 (min 3.6 m3)
Surcharge 4	Saturday after 5.00pm	$20.05 per m3
Surcharge 5	Sunday	$20.05 per m3
Surcharge 6	Public Holiday	$26.74 per m3

 

2.4      The Rates and/or Surcharges and Fees and/or the rise and fall formula referred to in subclauses 2.1 and 2.3 of this Schedule may be changed subject to:

 

(a)       agreement between Hy-Tec and the Contract Carrier Executive; or

 

(b)      variation of this Contract Determination in accordance with the Industrial Relations Act 1996.

 

2.        This variation will take effect from the first full pay period commencing on or after 6 February 2023.

 

 

 

D. SLOAN, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.