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. 335771 of 2023)
|
Before Commissioner
Sloan
|
8 November
2023
|
VARIATION
1. Delete the Arrangement of the contract
determination published 24 August 2020 (387 I.G. 924) and insert in lieu
thereof the following:
PART 1 -APPLICATION AND OPERATION
1. Definitions
2. Application
3. Savings clause
4. Promotion
of Determination
PART 2 - OPERATIONAL MATTERS
5. Vehicles
6. Loading and Delivery
7. Fatigue Management and Heavy Vehicle
Compliance
8. Uniforms
9. Lunch Break
10. Annual Leave
PART 3- RIGHTS AND RESPONSIBILITIES
11. Contract Carrier
Obligations
12. Principal Contractors’ Obligations
13. Termination
14. Insurance
15. Allocation of Work and Rostering
16. Fleet Mix Change
17. Selling of
Vehicles
18. Supervision of Personnel
PART 4 - RATES
AND REMUNERATION
19. Application of this Part
20. Rates of Remuneration
21. Alternative Remuneration Arrangements
22. Mass Management
23. Three Yearly
Cost Reconciliation Review
24. Tolls
& Charges
PART 5- MISCELLANEOUS
25. Disputes
Procedure
26. Union Delegates
27. Record
Keeping
28. Leave Reserved
Schedule A -Rates of Remuneration
Schedule B - Waterfront and Container Depots
Schedule C - Procedure
and Time for Adjustments of Rates
Schedule D - Nominated
Contract Determinations
Schedule E – Superannuation Contribution Arrangements Schedule F – Temporary Fuel Surcharge
2. Delete the definitions of
"Additional Amount", "Light Vehicle Rates" and "Nominated
Contract Determination", in subclause 1.1 of clause 1,
Definitions and insert in lieu thereof the following:
Additional
Amount has the meaning attributed to it in Schedule A;
Light Vehicle
Rates means the minimum rates of remuneration set out in Schedule A.3 in this
Determination that are expressed to apply to Light Vehicles.
Nominated
Contract Determination means a determination listed in Schedule
D and any successor to those determinations;
3. Delete subclause 19.2 of clause 19, Application
of This Part, and insert in lieu thereof the following:
19.2 This Part also applies
to a Contract of Carriage
involving a single
journey commencing within
the County of Cumberland and
finishing within:
(a) a 50 kilometre radius of the Newcastle GPO; or
(b) a
rectangular area being 50 kilometres North of the Wollongong GPO, 20 kilometres
East of the Wollongong GPO, 50 kilometres South of the Wollongong GPO and 20 kilometres West of the Wollongong GPO.
4. Delete subclauses 20.2 to 20.5 of clause
20, Rates of Remuneration and insert in lieu thereof the following:
20.2 Annual Minimum
Guarantee Cartage Rate - Small Trucks
(a) This subclause applies on and from 1 January 2019, and only to the following classes
of vehicle:
(i) Rigid
- carrying capacity
over 2 and including 5 tonnes; and
(ii) Rigid - carrying capacity
over 5 and including 8 tonnes.
(b) 50 x 50
Arrangement - Subject to this
subclause and subclause (c), if a
Principal Contractor makes an
agreement in writing
with a Contract Carrier for a minimum of 50 hours each week for 50 weeks for
a 12 month period, or periods, the Principal Contractor may pay the Contract Carrier
90% of the "Per Hour" rate in Schedule A Table A.1.1 or A.1.2
(whichever is applicable to the Contract Carrier’s Vehicle) for each hour that
the Contract Carrier performs the Cartage Work during that period.
(c) Subject
to subclause (d), with respect to Contract Carriers engaged as at 31 December
2018, a Principal Contractor may utilise a 50 x 50 Arrangement of the kind described in subclause (b) where
the Contract Carrier has been engaged by the Principal Contractor for a minimum
of 50 hours each week for
50 weeks in the previous 12 month period (Existing Tied Contract Carrier),
notwithstanding that there is no agreement in writing between the Principal
Contractor and the Contract Carrier to that effect.
(d) Where
a Principal Contractor that engages an
Existing Tied Contract Carrier wishes
to utilise a 50 x 50 Arrangement in circumstances described in sub clause (c):
(i) the Principal Contractor shall advise the
Existing Tied Contract Carrier in writing of the Principal Contractor’s intention to utilise
a 50 x 50 Arrangement. The notice shall include as a minimum:
(A) the date from which
the Principal Contractor intends to utilise
a 50 x 50 Arrangement, which shall be at least 8
weeks prior to its commencement; and
(B) the
12 month period, or periods, during which the
Principal Contractor will apply those provisions; and
(C) advising
the Existing Tied Contract Carrier that they have 4 weeks from the receipt of
the Principal Contractor’s notice to elect not to adopt a 50 x 50 Arrangement.
If the Existing Tied Contract Carrier elects not to adopt a 50 x 50
arrangement, which election not to adopt must not be unreasonable, they must
give the Principal Contractor a written notice of election to that effect;
(ii) within
4 weeks of receiving the Existing Tied Contract Carrier’s notice of election,
the Principal Contractor must either consent
to or refuse the election, but must not unreasonably
so refuse; and
(iii) if the Principal Contractor consents to the
election, a 50 x 50 Arrangement will not apply to the Existing Tied Contract Carrier.
(e) Nothing in this subclause affects an
obligation of a Principal Contractor to pay the per/km rate applicable in
Schedule A Tables A.1.1 or A.2.1, or any of the
rates in clauses A3,A4, A5 or
A6 for the Cartage Work.
(f) Minimum
Earnings Guarantee - Reconciliation: If clause 20.2(b) or (c) applies to a
Contract of Carriage and in an 8 week period the
Contract Carrier has not worked at least 50 hours each week for whatever
reason, then:
(i) the Principal
Contractor must ensure that the Contract Carrier receives an amount of pay
(excluding any payment arising from the per/km rates in
Schedule A Tables A.1.1 or A.2.1, or from any of the rates in clauses
A3, A4, A5 or A6 equivalent to the Minimum Earnings Guarantee.
(ii) If there is any shortfall between the
amount of pay paid to the Contract Carrier (excluding any payment
arising from the per/km rates
in Schedule A clauses A.1.1 or A.2.1,
or from any of
the rates in clauses A3, A4, A5 or A6 and the Minimum Earnings
Guarantee, the Principal Contractor must pay the
shortfall to the Contract Carrier in the Principal Contractor’s next pay cycle.
(g) Minimum Earnings
Guarantee - Calculation: The Minimum Earnings
Guarantee is calculated using the following formula:
(i) (per hour rate from Table A.1.1 x 90%) x
((50 x 8) minus Unavailable Hours) for Vehicles less than six years old; or
(ii) (per hour rate from Table A.2.1 x 90%) x
((50 x 8) minus Unavailable Hours) for Vehicles six or more years old.
(h) "Unavailable
Hours" are those hours that the Contract Carrier’s Vehicle is unavailable
to perform the Cartage Work during
the hours the Contract Carrier is required to make their Vehicle available in accordance with clause 20.2(b) above.
(i) Early
Termination of 50 x 50 Arrangement:
Where a Principal Contractor decides to terminate
a 50 x 50 Arrangement prior to the expiration of the relevant 12
month period the Principal Contractor:
(i) will notify the Contract Carrier in
writing of its intention to terminate the 50 x 50 Arrangement. The notice will specify the date upon
which the 50 x 50 Arrangement will terminate, which shall be no fewer than 4
weeks after the date of the notice; and
(ii) will pay the Contract Carrier
either:
(A) the difference in remuneration the Contract Carrier would have earned had a 50 x 50 Arrangement not been entered into under
this Part 4 for the relevant period, but capped at 50 hours per week; or
(B) the difference in remuneration between
what the Contract Carrier earns for the remainder of the relevant
12 month period (or periods)
and what the Contract Carrier would have earned had the 50 x 50 Arrangement, entered
into under this Part 4, not been terminated,
whichever is the lesser
amount.
NOTE: The 50 x 50 Arrangement takes into account Unavailable Hours.
(j) Termination of Engagement during
50 x 50 Arrangement:
Where a
Principal Contractor terminates the engagement of a Contract Carrier to whom a
50 x 50 Arrangement applies, prior to the expiration of the relevant 12 month
period (or periods), the Principal Contractor will pay to the Contract Carrier
the difference in remuneration the Contract Carrier would have earned had a 50
x 50 Arrangement not been entered into under this Part 4 for the relevant
period, but capped at 50 hours per week.
However this subclause will not apply in the case of a
termination for misconduct (which misconduct
will not be limited by clause 1.1), or
a termination in circumstances where the Contract Carrier is entitled to the
benefits of the Transport Industry - Redundancy (State) Contract Determination.
(k) 50 x 50 Arrangement not a Common Law Contract: For the avoidance of doubt, any arrangement made under this Part
will not be construed as being, or forming, part of any common law contract or
arrangement, collateral or otherwise, whether written or oral, which may exist
between a Principal Contractor and a Contract Carrier with respect to Cartage
Work to which this Determination applies.
(l) Early Termination of 50 x 50 Arrangement
- Reconciliation: the payment
referred to in clause 20.2(i)(ii)(A) or (B) is to be calculated
every 8 weeks, or part thereof, for the reminder of the relevant
12 month period (or periods).
20.3 The Rates will be varied in accordance with the procedure set out in Schedule C.
20.4 Introduction of Light Vehicle
Rates
(a) In matters 2019/268320, 2020/112760,
2020/112849 and 2020/133735, the IRC introduced new minimum rates applicable to
Light Vehicles.
(b) Subject to subclause 20.4(d), the Light
Vehicle Rates set out in Schedule A include compensation for all fixed and
running costs that may be incurred by a Contract Carrier.
(c) The Light Vehicle Rates set out in
Schedule A are to be increased if the charge percentage (as set out in the Superannuation
Guarantee (Administration) Act 1992) increases above 10%. The Light Vehicle
Rates in Schedule A shall
be increased by 0.25% for each
0.5 percentage point increase to the
charge percentage.
20.5 Subject to Schedule E, the cartage rates
contained in this contract determination compensate contract carriers for the
cost of contributing to their superannuation.
5. Delete
all clauses from clause 22, Coverage Review, onwards and insert in lieu thereof
the following:
22. Mass Management
22.1 If the Principal Contractor so directs, the
Contract Carrier must do all things required and necessary to be accredited and
remain accredited under:
(a) the Principal Contractor’s accredited
NHVAS Mass Management Module for Basic Fatigue Management or Advanced Fatigue
Management (or any scheme replacing this); or
(b) a NHVAS Mass Management Module for Basic
Fatigue Management or Advanced Fatigue Management of the Contract Carrier.
22.2 In circumstances where clause 22.1 applies
the Principal Contractor must reimburse the Contract Carrier for any reasonable
costs directly arising from becoming accredited or at their election pay the
lump sum allowance set out in clause A.4.2 of Schedule A to set up for the
NHVAS Mass Management Scheme for Basic Fatigue Management or Advanced Fatigue
Management.
22.3 In circumstances where clause 22.1 applies
the Principal Contractor must reimburse the Contract Carrier for any reasonable
costs directly arising from maintaining accreditation or at their election pay
the allowance set out in clause A.4.3 of Schedule A per hour to cover costs
associated with maintaining that NHVAS Mass Management Scheme for Basic Fatigue
Management or Advanced Fatigue Management.
22.4 To avoid any doubt clause 22.2 and/or 22.3
shall not apply if the Contract Carrier has made their own decision to become
and work under an accredited NHVAS Mass Management Scheme for Basic Fatigue
Management or Advanced Fatigue Management.
23. Three Yearly Cost Reconciliation Review
23.1 Reconciliation
Subject to an
application being made to apply the Three Yearly True Cost reconciliation
Review Process, the price entries in the "Price Table" and the table
"Trailers" of the Key Data Variables sheet contained in the Cost
Model should be updated using sourcing that are relevant to and reflect the
cartage work being performed and such prices should reflect the lowest price
available from a reputable vendor which is accessible to Contract Carriers in
the open market.
22.2 Operative Date
Any rates
shall be operative from such date as is determined by the Commission having
regard to the need to inform Principal Contractors and Contract Carriers of any
change.
22.3 This clause does not apply in relation to
Light Vehicle Rates.
24. Tolls & Charges
24.1 A Principal Contractor shall pay road tolls
incurred by a Contract Carrier in the performance of Cartage Work for the
Principal Contractor as a consequence of any mandatory
legal obligations upon commercial vehicles to:
(a) use certain toll roads; or
(b) avoid certain roads including light limit
roads which has the result of requiring the use of a toll road.
24.2 In all other circumstances, a Principal
Contractor shall pay road tolls incurred by a Contract Carrier in the
performance of Cartage Work for the Principal Contractor unless the Principal
Contractor expressly directs the Contract Carrier in writing to not use a toll
road.
An express
direction may include:
(a) a standing written direction issued by
the Principal Contractor to Contract Carriers on an enterprise or fleet basis;
or
(b) individual written directions issued by
the Principal Contractor to Contract Carriers.
24.3 This clause does not apply:
(a) if the Principal Contractor can
demonstrate that it already pays the Contract Carrier under an arrangement
which factors in the payment of current road tolls, including by way of an
alternative remuneration arrangement pursuant to clause 21; or
(b) to a Principal Contractor and their
Contract Carriers performing Ca1iage Work under a contract agreement that was
approved by the Commission during the period of on or after 1 January 2018 and
up to and including 5 February 2021.
For the
avoidance of doubt, the exclusion provided for by 25.3(b) will not apply to any
contract agreement that is approved or varied by the Commission after 5
February 2021.
24.4 The payment of a road toll can be made by a
Principal Contractor:
(a) in the next pay cycle following the
Contract Carrier providing a receipt to the Principal Contractor; or
(b) by providing the Contract Carrier with an
E-Tag.
PART 5 - MISCELLANEOUS
25. Disputes Procedure
25.1 Application of Procedure
Any dispute
that arises between a Contract Carrier and a Principal Contractor must be dealt
with in accordance with this clause.
25.2 Appointment of Representative
A Contract
Carrier who is a party to a dispute may appoint a representative for the
purposes of this clause which may include the Union.
25.3 Procedure
In the first
instance, the parties to the dispute must try to resolve the dispute at the
workplace level.
25.4 Notification to Commission
If the dispute
remains unresolved it may be referred to the IRC.
25.5 Continue to Perform Cartage Work
Whilst the
parties are trying to resolve the dispute using the procedure set out in this
clause:
(a) a Contract Carrier must continue to
perform Cartage Work as they normally would do unless they hold a reasonable
concern about an imminent risk to their health or safety; and
(b) a Contract Carrier must comply with a
direction given by their Principal Contractor to perform other available
Cartage Work, unless:
(i) the Cartage Work is not safe; or
(ii) applicable workplace health and safety
legislation would not permit the Cartage Work to be performed; or
(iii) the Cartage Work is not appropriate for the
Contract Carrier to perform; or
(iv) there are other reasonable grounds for the
Contract Carrier to refuse to comply with the direction.
26. Union Delegates
26.1 Appointment
A Contract
Carrier appointed Delegate in a yard in which they are Contract Carrier must,
upon notification to their Principal Contractor, be recognised as the
accredited representative of the Union.
26.2 Opportunity to Meet
An accredited
Delegate must be allowed a reasonable opportunity to meet the relevant manager
of the Principal Contractor and Contract Carriers to discuss matters affecting
Contract Carriers whom they represent.
26.3 Use of Notice Board
Accredited
Delegates must be permitted to put Union notices on a notice board, signed or
countersigned by the representative posting it.
27. Record Keeping
27.1 Obligations
The Principal
Contractor must record either in documentary form or electronic form, the
following information for each Contract Carrier:
(a) any Cartage Rate Schedule;
(b) start and finish times;
(c) hours worked per day;
(d) kilometres travelled per day;
(e) Starting Place and Finishing Place;
(f) remuneration paid; and
(g) a copy of any written contract entered into with the Contract Carrier; and
(h) all trip schedules and driver rosters; and
(i) all safe driving plans and risk
assessments that relate to the fatigue of road transport drivers; and
(j) all reported breaches and suspected
breaches of the fatigue management law, including breaches and suspected
breaches identified by the Principal Contractor; and
(k) all breaches of fatigue management laws
investigated by the Principal Contractor, the outcome and any remedial action
taken.
27.2 Maintenance of Records
The Principal
Contractor must maintain all the records arising from clause 28.1 for a period
of seven years.
27.3 Contract Carrier to Assist
(a) A Contract Carrier must do all things
reasonably directed by the Principal Contractor to gather and record the
information referred to in clause 28.1.
(b) A Principal Contractor must not be liable
for breach of this clause 28 because of the failure of a Contract Carrier to
comply with clause (a).
28. Leave Reserved
(a) Leave is reserved to any party covered by
this Determination to make an application to vary the conditions or rates of
pay for "Long Distance Work" within the meaning of clause 13 of the
Transport Industry (State) Award (Serial C7740).
(b) Leave is reserved to any party covered by
this Determination to apply to vary the application of this Determination in
respect of the transport of pre-fabricated
construction materials to and from construction sites.
SCHEDULE A - RATES OF
REMUNERATION
NOTE: The rates of
remuneration in this Schedule apply to Contracts of Carriage covered by Part 4
of this Determination.
A.1 Hourly and kilometre rates (other than for
Light Vehicles) - new vehicles
A.1.1 A contract carrier performing work using a
vehicle which is less than six years old must be paid at least the hourly and
kilometre rates set out in the following table (rounded up to the nearest half
hour, nearest kilometre and nearest cent). For the
avoidance of confusion, the per kilometre rate payable is the Running Rate. The
Running Rate is the total of the "Per km excluding fuel component"
and the "Per km fuel component". The "Per km excluding fuel
component" and the "Per km fuel component" columns have been
included for ease of reference when updating rates.
From the first
full pay period commencing on or after 10 November 2023:
|
Class of Vehicle
|
Per hour
|
Running Rate
|
Per km excluding fuel component running
rate for the purposes of Schedule C
|
Per km fuel component of running rate for
the purposes of Schedule C
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$52.15
|
$0.29
|
$0.12
|
$0.17
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$59.43
|
$0.32
|
$0.13
|
$0.19
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$66.95
|
$0.43
|
$0.15
|
$0.28
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$68.43
|
$0.47
|
$0.19
|
$0.28
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$69.07
|
$0.46
|
$0.18
|
$0.28
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$73.12
|
$0.56
|
$0.20
|
$0.36
|
|
Single Axle Prime
Mover
|
$74.28
|
$0.53
|
$0.15
|
$0.38
|
|
Bogie Axle Prime
Mover
|
$80.30
|
$0.65
|
$0.19
|
$0.46
|
From the first
full pay period commencing on or after 20 February 2023:
|
Class of Vehicle
|
Per hour
|
Running Rate
|
Per km excluding fuel component running
rate for the purposes of Schedule C
|
Per km fuel component of the running rate
for the purposes Schedule C
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$51.85
|
$0.29
|
$0.11
|
$0.17
|
|
Rigid-carrying
capacity 5 and including 8 tonnes
|
$59.00
|
$0.32
|
$0.13
|
$0.19
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$66.37
|
$0.43
|
$0.14
|
$0.28
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$67.82
|
$0.46
|
$0.18
|
$0.28
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$68.45
|
$0.46
|
$0.17
|
$0.28
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$72.43
|
$0.56
|
$0.20
|
$0.36
|
|
Single Axle Prime
Mover
|
$73.56
|
$0.53
|
$0.14
|
$0.38
|
|
Bogie Axle Prime
Mover
|
$79.46
|
$0.65
|
$0.18
|
$0.46
|
A.2 Hourly and kilometre rates (other than for
Light Vehicles) - not new vehicles
A.2.1 A contract carrier performing work using a
vehicle which is six or more years old must be paid at least the hourly and
kilometre rates set out in the following table (rounded up to the nearest half
hour, and nearest kilometre). For the avoidance of confusion, the per kilometre
rate payable is the Running Rate. The Running Rate is the total of the
"Per km excluding fuel component" and the "Per km fuel
component". The "Per km excluding fuel component" and the
"Per km fuel component" columns have been included for ease of
reference when updating rates.
From the first
full pay period commencing on or after 10 November 2023:
|
Class of Vehicle
|
Per hour
|
Running Rate
|
Per km excluding fuel component running
rate for the purposes of Schedule C
|
Per km fuel component of the running rate
for the purposes of Schedule C
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$48.17
|
$0.36
|
$0.19
|
$0.17
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$53.65
|
$0.41
|
$0.21
|
$0.19
|
|
Rigid-carrying
capacity over 8 and including10 tonnes
|
$57.32
|
$0.50
|
$0.22
|
$0.28
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$63.13
|
$0.55
|
$0.27
|
$0.8
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$62.98
|
$0.54
|
$0.25
|
$0.28
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$64.21
|
$0.64
|
$0.28
|
$0.36
|
|
Single Axle Prime
Mover
|
$60.78
|
$0.58
|
$0.22
|
$0.36
|
|
Bogie Axle Prime
Mover
|
$65.67
|
$0.71
|
$0.27
|
$0.44
|
From the first
full pay period commencing on or after 20 February 2023:
|
Class of Vehicle
|
Per Hour
|
Running Rate
|
Per km excluding fuel component running
rate for the purposes of Schedule C
|
Per km fuel component of the running rate
for the purposes of Schedule C
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$47.95
|
$0.36
|
$0.19
|
$0.17
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$53.32
|
$0.40
|
$0.21
|
$0.19
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$56.91
|
$0.50
|
$0.22
|
$0.28
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$62.61
|
$0.54
|
$0.26
|
$0.28
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$62.47
|
$0.53
|
$0.25
|
$0.28
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$63.69
|
$0.64
|
$0.27
|
$0.36
|
|
Single Axle Prime
Mover
|
$60.31
|
$0.58
|
$0.22
|
$0.36
|
|
Bogie Axle Prime
Mover
|
$65.09
|
$0.70
|
$0.26
|
$0.44
|
A.3 Light Vehicle Rates
A.3.1 A Contract Carrier performing work with a
Light Vehicle must be paid at least the hourly rate set out in the following
table (rounded up the nearest half hour).
From the
first full pay period commencing on or after 1 March 2022:
|
Class of Vehicle
|
Per hour
$
|
|
Bicycle
|
$21.82
|
|
Motorcycles
|
$26.85
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$29.85
|
|
Over 750kg and up
to 1 tonne
|
$30.68
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$31.06
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$32.71
|
From the
first full pay period commencing on or after 1 July 2022:
|
Class of Vehicle
|
Per hour
$
|
|
Bicycle
|
$24.19
|
|
Motorcycles
|
$28.78
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$31.84
|
|
Over 750kg and up
to 1 tonne
|
$32.80
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$33.55
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$35.47
|
From the
first full pay period commencing on or after 1 July 2023:
|
Class of Vehicle
|
Per hour
$
|
|
Bicycle
|
$26.57
|
|
Motorcycles
|
$30.70
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$33.82
|
|
Over 750kg and up
to 1 tonne
|
$34.91
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$36.05
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$38.22
|
From the
first full pay period commencing on or after 1 July 2024:
|
Class of Vehicle
|
Per hour
$
|
|
Bicycle
|
$28.94
|
|
Motorcycles
|
$32.63
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$35.81
|
|
Over 750kg and up
to 1 tonne
|
$37.03
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$38.54
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$40.98
|
From the
first full pay period commencing on or after 1 July 2025:
|
Class of Vehicle
|
Per hour
$
|
|
Bicycle
|
$31.32
|
|
Motorcycles
|
$34.56
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$37.80
|
|
Over 750kg and up
to 1 tonne
|
$39.15
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$41.04
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$43.74
|
NOTE: These
Light Vehicle Rates are subject to any increases arising from changes to the
superannuation guarantee charge percentage. See subclause 20.8(e) for details.
A.4 NHVR Training and Accreditation
A.4.1 NHVR Training and Accreditation System Set Up
A.4.2 The lump sum allowance referred to in clause
22.2 is:
(a) From the first full pay period commencing
on or after 10 November 2023:
$7,619.78; and
(b) from the first full pay period commencing
on or after 20 February 2023:
$7,443.28.
A.4.3 The allowance referred to in clause 22.3 is (rounded
up to the nearest half hour):
From the
first full pay period commencing on or after 10 November 2023;
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime
Mover
|
$0.46
|
|
Single Axle Prime
Mover
|
$0.46
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.46
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.46
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.46
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.46
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.46
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$0.46
|
|
Rigid-carrying
capacity less than 3 tonnes
|
$0.46
|
From the
first full pay period commencing on or after 20 February 2023:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime
Mover
|
$0.45
|
|
Single Axle Prime
Mover
|
$0.45
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.45
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.45
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.45
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.45
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.45
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$0.45
|
|
Rigid-carrying
capacity less than 3 tonnes
|
$0.45
|
A.5 Blue Card
A.5.1 A Contract Carrier who in
order to perform a Contract of Carriage is required to obtain a blue
card (or equivalent), after this Determination has come into operation, shall
be paid the following amounts (rounded up to the nearest half hour):
From the first
full pay period commencing on or after 10 November 2023:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime
Mover
|
$0.05
|
|
Single Axle Prime
Mover
|
$0.05
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.05
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 2 and including 5 tonnes
|
$0.05
|
|
Rigid-carrying
capacity less than 3 tonnes
|
|
From the
first full pay period commencing on or after 20 February 2023:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime
Mover
|
$0.05
|
|
Single Axle Prime
Mover
|
$0.05
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.05
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.05
|
|
Rigid-carrying
capacity over 2 and including 5 tonnes
|
$0.04
|
|
Rigid-carrying
capacity less than 3 tonnes
|
|
A.5.2 However, a Principal Contractor will not be
required to make any such payment in circumstance where the Principal
Contractor has previously paid for a Contract Carrier to obtain the appropriate
blue card (or equivalent).
A.6 Workwear and PPE
A.6.1 A Contract Carrier who, in
order to perform a contract of carriage, is required by a Principal
Contractor to wear certain type of workwear and/or personal protective
equipment shall be paid the following amounts:
From the
first full pay period commencing on or after 10 November 2023:
|
Class of Vehicle
|
Per hour
|
|
$
|
|
Bogie Axle Prime
Mover
|
$0.31
|
|
Single Axle Prime
Mover
|
$0.31
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.31
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 2 and including 5 tonnes
|
$0.31
|
|
Rigid-carrying
capacity less than 3 tonnes
|
|
From the
first full pay period commencing on or after 20 February 2023:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime
Mover
|
$0.31
|
|
Single Axle Prime
Mover
|
$0.31
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.31
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.31
|
|
Rigid-carrying
capacity over 2 and including 5 tonnes
|
$0.31
|
|
Rigid-carrying
capacity less than 3 tonnes
|
|
A.6.2 A Principal Contractor will not be required to
make any such payment in circumstance where the Principal Contractor provides
the Contract Carrier with the certain type of workwear and/or personal
protective equipment
A.7 Additional amounts
A.7.1 Ropes and Gear Allowance
A Contract
Carrier who, in order to perform a contract of
carriage, is required to supply tarpaulins, ropes, gates, chains and dogs for
use in a Contract of Carriage must be paid the following allowance per day or
part day during which the equipment is used for the purpose of the Contract of
Carriage:
(a) From the first full pay period on or
after 10 November 2023: $4.78
(b) from the first full pay period commencing
on or after 20 February 2023: $4.67
A.7.2 Twistlock Allowance
A Contract
Carrier who, in order to perform a Contract of
Carriage, is required to fit his trailer with twistlocks
for the carriage of I.S.O. containers must be paid the following allowance per
day or part day during which the equipment is used for the purpose of the
Contract of Carriage:
(a) from the first full pay period commencing
on or after 10 November 2023: $3.58
(b) from the first full pay period commencing
on or after 20 February 2023: $3.50
A.7.3 Mechanical Lifting Equipment Allowance
A Contract
Carrier who, in order to perform a contract of
carriage, is required to supply rear or side- loading mechanical devices, shall
be paid the following allowance for each day (and proportionately for part of a
day) during which the equipment is used for the purpose of the Contract of
Carriage:
From the
first full pay period commencing on or after 10 November 2023:
|
Equipment type
|
Per day
$
|
|
Rear-Lift
Platform up to and including 3,000 lbs capacity
|
$5.72
|
|
Rear-Lift
Platform up to and including 6,000 lbs capacity
|
$7.85
|
|
Side loading
device
|
$25.26
|
From the
first full pay period commencing on or after 20 February 2023:
|
Equipment type
|
Per day
$
|
|
Rear-Lift
Platform up to and including 3,000 lbs capacity
|
$5.61
|
|
Rear-Lift
Platform up to and including 6,000 lbs capacity
|
$7.69
|
|
Side loading
device
|
$24.73
|
SCHEDULE B - WATERFRONT
AND CONTAINER DEPOTS
1. The following conditions and allowances
shall apply to contracts of carriage performed in or in connection with
Container Depots and Waterfront areas, in addition to all other conditions
provided for by this Contract Determination but in substitution for the rates
in Schedule A.
From the
first full pay period commencing on or after 10 November 2023:
|
Class of Vehicle
|
Rate
|
|
Rigid Vehicle
|
|
|
Not less than 8
and not greater than 10 tonnes
|
$66.47
|
|
Not less than 10
and not greater than 12 tonnes
|
$72.92
|
|
Not less than 12
and not greater than 14 tonnes
|
$72.58
|
|
Not less than 14
tonnes
|
$75.86
|
|
Single Axle Prime
Mover
|
$71.66
|
|
Bogie Axle Prime
Mover
|
$78.88
|
From the
first full pay period commencing on or after 20 February 2023:
|
Class of Vehicle
|
Rate A
|
Rate B
|
|
Rigid Vehicle
|
Subsidy
|
No Subsidy
|
|
Not less than 8
and not greater than 10 tonnes
|
$62.30291
|
$62.30706
|
|
Not less than 10
and not greater than 12 tonnes
|
$70.16822
|
$70.18285
|
|
Not less than 12
and not greater than 14 tonnes
|
$72.99331
|
$72.99491
|
|
Not less than 14
tonnes
|
$76.81962
|
$76.82919
|
|
Single Axle Prime
Mover
|
$70.49264
|
$70.49296
|
|
Bogie Axle Prime
Mover
|
$79.32526
|
$79.33167
|
The above
rates of remuneration are calculated using the following formula:
(Hourly
Rate x 221 x 7.6) + (Km Rate x 23,500)
(221 x 7.6)
where Hourly
Rate and km Rate are the relevant per hour and per km rates for a 6 year+
vehicle in Schedule A - Rates of Remuneration.
This formula
is based on a minimum distance travelled of 23,500 km per annum on contracts of
carriage performed in or in connection with Container Depots and Waterfront
areas.
2. Trailer Allowance:
A Contract
Carrier who, in order to perform a contract of
carriage, is required to supply one of the trailers listed below (irrespective
of axle configuration), shall be paid the following allowance for each day, (or
part of a day) during the equipment is so used:
From the
first full pay period commencing on or after 10 November 2023:
|
|
Rate A - Subsidy
|
Rate B - No Subsidy
|
|
40 ft Skel
trailer
|
$55.42 per day
|
$56.55per day
|
|
40 ft General
Purpose trailer
|
$55.42per day
|
$59.55 per day
|
|
Dog or Pig
trailer
|
$41.48 per day
|
$44.56 per day
|
|
Pup trailer
|
$27.70 per day
|
$29.77 per day
|
|
20 ft Skel
trailer
|
$49.88 per day
|
$53.61 per day
|
From the
first full pay period commencing on or after 20 February 2023:
|
40 ft Skel
trailer
|
$54.12 per day
|
$55.22per day
|
|
40 ft General
Purpose trailer
|
$54.12 per day
|
$58.15 per day
|
|
Dog or Pig
trailer
|
$40.51 per day
|
$43.52 per day
|
|
Pup trailer
|
$27.05 per day
|
$29.07 per day
|
|
20 ft Skel
trailer
|
$48.71 per day
|
$52.35 per day
|
3. Towing rates:
A Contract
Carrier, whose vehicle is in the performance of a contract of carriage, is
required to tow one of the trailers listed below (irrespective of axle
configuration), shall be paid the following allowance for each hour (pro-rata
for part of an hour) during which such trailer is towed:
From the
first full pay period commencing on or after 10 November 2023:
|
40 ft trailer
|
$3.19 per hour
|
$3.11 per hour
|
|
Dog/Pig trailer
|
$6.25 per hour
|
$6.09 per hour
|
|
Pup trailer
|
$4.61 per hour
|
$4.50 per hour
|
From the
first full pay period commencing on or after 20 February 2023:
|
40 ft trailer
|
$3.12 per hour
|
$3.04 per hour
|
|
Dog/Pig trailer
|
$6.10 per hour
|
$5.95 per hour
|
|
Pup trailer
|
$4.50 per hour
|
$4.39 per hour
|
4. Adjustment of the allowances and rates
in Clause 3 and 4 of this Schedule shall be by application of the movement of
the Consumer Price Index (All Groups), Sydney.
5. Contract Carriers who perform work
pursuant to this Schedule shall have paid on their behalf by principal
contractors who are members of the NSW Road Transport Association contributions
into the TWU Superannuation Fund in the amounts prescribed by the Transport
Industry (State) Superannuation Award.
6. Clause 3, Savings clause, of this
Determination shall apply to the above rates and conditions.
SCHEDULE C - PROCEDURE
AND TIME FOR ADJUSTMENTS OF RATES
C.1 Procedure for adjustment of rates
C.1.1 The rates prescribed in Schedules B and C
shall be adjusted with effect from 1 June and 1 December each year or as
provided in this Schedule.
C.1.2 The union shall make application to the IRC
for a variation in rates and amounts in sufficient time for the variation to be
made on or before 1 June and 1 December each year. Notwithstanding anything
contained in this Schedule, a variation shall not be retrospective in operation
but shall operate from a date not earlier than the date upon which it is made.
C.1.3 The parties to this determination shall
confer with a view to reaching agreement on the variation. In the absence of
agreement, the rates and amounts shall be determined by the IRC in accordance
with the Method of Adjustment outlined in this Schedule.
C.1.4 The adjustment to be made from 1 December
shall take into account all movements in costs
occurring and indices published up to the preceding 31 October and the
adjustment from 1 June shall take into account all movements in costs occurring
and indices published up to the preceding 30 April.
C.1.5 Each variation after the first variation
shall be based upon the rates and amounts in the immediately preceding
variation.
C.1.6 If any one of the below listed components,
except for fuel, changes such that it causes an increase in the total
remuneration of 5 per cent or more from the date of the last variation, an
interim adjustment may be made.
C.1.7 The components of remuneration shall be
adjusted upwards or downwards according to the following schedule:
|
Component
|
Method of Adjustment
|
|
1. Total Labour Costs
|
Adjust according to the actual percentage change in the
Minimum Weekly Rate for the relevant Transport Worker Grade in the Road
Transport and Distribution Award 2010.
|
|
2. Fuel
|
Adjust according to the percentage change in the Australian
Institute of Petroleum NSW State weekly average for the retail price of
diesel,
excluding GST.
|
|
3. Capital
|
Adjust by reference to the average percentage change in the TransEco Road Freight Cost Indices Report: Shorthaul cost change of Capital.
|
|
4. Service and Parts
|
Adjust by reference to the average percentage change in the TransEco Road Freight Cost Indices Report: Shorthaul cost change of Maintenance.
|
|
5. Registration, Licensing
and Insurances
|
Adjust by reference to the average percentage change in the TransEco Road Freight Cost Indices Report: Shorthaul cost change of Insurance.
|
|
6. Training and compliance
|
Adjust by reference to the average percentage change in the TransEco Road Freight Cost Indices Report: Shorthaul cost change of Admin.
|
|
7. Miscellaneous Fixed Costs
|
Adjust by reference to the average percentage change in the TransEco Road Freight Cost Indices Report: Shorthaul cost change of Admin.
|
C.1.8 The procedure outlined in subclause E.1 does
not apply to Light Vehicle Rates.
C.2 Cost Recovery for variations in the Price
of fuel
C.2.1 Due to the changeable nature of the pricing
of fuel, including significant fluctuations in the price of fuel, it is
necessary that variations to rates of remuneration to take
into account changes in the price of fuel occur in a timely and
efficient manner.
C.2.2 Any party to this determination may make an
application to the IRC to vary rates of remuneration to account for changes in
the price of fuel on the following basis:
(a) 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;
(b) it is not a requirement of any such
application that the rate adjustment sought for fuel only be one which is
either below or above any minimum threshold amount; and
(c) the benchmark for the price of fuel shall
be the Australian Institute of Petroleum NSW weekly average for the retail price
of diesel for the week ending immediately prior to the date of filing the
application, excluding GST.
C.2.3 The parties to this determination shall take
all necessary steps to enable an application made pursuant to this Schedule to
be heard and determined at the earliest possible time, including but not
limited to, consenting to have the IRC hear and determine any such application
within 48 hours from the initial listing of the application.
SCHEDULE D - NOMINATED
CONRACT DETERMINATION
The Nominated Contract
Determinations are:
1. Transport Industry - Car Carriers
(N.S.W.) Contract Determination;
2. Transport Industry - Concrete Haulage
Contract Determination;
3. Transport Industry - Excavated Materials
Contract Determination;
4. Transport Industry - Quarried Materials
Contract Determination;
5. Transport Industry - Waste Collection
and Recycling Contract Determination;
6. Hanson Construction Materials Pty
Limited Concrete Carriers Contract Determination;
7. Transport Industry - Courier and Taxi
Truck Contract Determination;
8. Transport Industry - Concrete Haulage -
Mini Trucks Contract Determination;
9. Transport Industry - Readymix
Holdings Pty Ltd Concrete Cartage Contract Determination;
10. Boral Transport Limited Haulier Contract Determination;
11. CEVA Logistics (Australia) Pty Ltd (NSW
Vehicle Logistics Local Fleet) Contract Determination;
12. Readymix Holding
Pty Ltd Sydney Concrete Carriers Contract Determination;
13. Readymix
Holdings Pty Ltd Country Concrete Carriers Contract Determination;
14. Transport Industry - Quarried Materials,
&c., Carriers Interim Contract Determination;
15. Australian Liquor Marketers Pty Limited
Carriers Contract Determination;
16. Boral Country - Concrete and Quarries
Contract Determination;
17. Boral Resources (NSW) Pty Limited Sydney
Metropolitan Concrete Contract Determination;
18. Transport Industry - Metromix
Concrete Haulage Contract Determination;
19. Transport Industry - Allied Express TWU
Interim Contract Determination;
20. Couriers Please Pty Ltd Contract Determination;
21. Transport Industry - Mayne Logistics
Contract Determination;
22. Transport Industry - Penrith City Council
Contract Determination;
23. Boral GST Protocol (Facilitation and
Compliance) Contract Determination;
24. TNT Domestic & International Express
Ancillary Contract Determination, The;
25. Superior Premix Contract Determination No.
2;
26. Superior Premix Contract Determination -
Blacktown City Council Project;
27. Transport Industry - General Carriers (The
Smith Family) Contract Determination;
28. Boral Transport Limited Quarried Materials
Minimum Load Contract Determination; and
29. Monier Roofing
Limited and Reliance Roof Tiles Pty Ltd Contract Determination.
SCHEDULE E - SUPERANNUATION
CONTRIBUTION ARRANGEMENTS
This Schedule is
intended to ensure Principal Contractors are not subject to the cost of both
providing rates that compensate for superannuation costs and separately making
contributions upon a contract carrier’s behalf.
E.1 ARRANGEMENT BY AGREEMENT
E.1.1 A Principal Contractor and Contract Carrier
may enter an arrangement whereby the Principal Contractor makes superannuation
contributions for the benefit of the Contract Carrier.
E.1.2 A Principal Contractor may deduct from any
remuneration payable to the Contract Carrier an amount no greater than the
contributions that the Principal Contractor is required to make under such an
arrangement.
E.2 Any such arrangement must be reduced to
writing and must set out:
E.2.1 the amount of the contribution (whether as a
fixed amount, a percentage of the Contract Carriers remuneration, or a
combination of both);
E.2.2 in what period the contributions will be made
(monthly, quarterly etc.); and
E.2.3 when the deductions are to be made.
E.3 Within 28 days of making superannuation
contributions for a Contract Carrier’s benefit, the Principal Contractor must
provide the Contract Carrier with a written statement setting out the amount of contributions made and the account into which they
have been paid.
E.4 ARRANGEMENT BY DIRECTION
E.4.1 A Principal Contractor may implement a
superannuation arrangement without the agreement of a Contract Carrier if:
E.4.2 the Contract Carrier is not an incorporated
entity; and
E.4.3 the Principal Contractor has a reasonably
held belief that the payment of superannuation contributions for the benefit of
the Contract Carrier is required to reduce a Superannuation Guarantee Charge
liability that would otherwise accrue to the Principal Contractor.
E.5 An arrangement entered
into in accordance with subclause 2.1 is subject to the following terms:
E.5.1 any deductions from a Contract Carrier’s
remuneration must be made in the same pay period for which the Contract Carrier
is remunerated for the relevant cartage work;
E.5.2 superannuation contributions must be made no
later than 28 days after the end of the quarter in which the relevant cartage
work was performed; and
E.5.3 superannuation contributions must be paid
into:
(a) a complying superannuation fund chosen by
the Contract Carrier;
(b) the Contract Carrier's stapled
superannuation fund (if the Contract Carrier does not choose a fund or if the
Principal Contractor is not able to make contributions to the chosen fund); or
(c) TWUSuper (in
the absence of a chosen or stapled superannuation fund into which the Principal
Contractor can make contributions).
E.6 Within 28 days of making superannuation
contributions for a Contract Carrier’s benefit, the Principal Contractor must
provide the Contract Carrier with a written statement setting out the amount of contributions made and the account into which they
have been paid
E.7 Any disputes concerning the operation of
this Schedule are to be dealt with using the dispute resolution procedures at
clause 26.
SCHEDULE F - TEMPORARY
FUEL SURCHAGE
F.1. APPLICATION
F.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.
F.2 BACKGROUND
F.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.
F.3. THE SURCHARGE
F.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).
F.3.2 For pay periods commencing between 16 October
2023 and 19 November 2023, the Temporary Fuel Surcharge shall be:
|
Vehicle Carrying Capacity
|
Surcharge (per km)
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$0.13
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.16
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.24
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.24
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.24
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.30
|
|
Single Axle Prime
Mover
|
$0.31
|
|
Bogie Axle Prime
Mover
|
$0.37
|
F.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:
|
Vehicle Carrying Capacity
|
Surcharge (per km)
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$3.33
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$3.33
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$3.33
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$4.26
|
|
Single Axle Prime
Mover
|
$4.28
|
|
Bogie Axle Prime
Mover
|
$5.20
|
F.4. REVIEW
F.4.1 The Temporary Fuel Surcharge shall be
reviewed on a monthly basis.
F.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.
F.4.3 Parties shall calculate the Temporary Fuel
Surcharge and provide the results to the IRC by the second Monday of each
calendar month.
F.4.4 The revised Temporary Fuel Surcharge will
apply from the third Monday in each calendar month.
F.4.5 As the Temporary Fuel Surcharge responds to
fluctuations in fuel prices, it may increase or decrease from time to time.
F 5. OTHER PROVISIONS
F.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.
F.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.
6. This variation will take effect on and
from 10 November 2023.
D. SLOAN, Commissioner
____________________
Printed by the authority of the
Industrial Registrar.