TRANSPORT INDUSTRY - COURIER AND TAXI TRUCK CONTRACT DETERMINATION
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application
by the Transport Workers' Union, New South Wales Branch,
association of contract carriers.
Transport Industry - Courier
and Taxi Truck Industrial Committee.
(No. IRC 2138
of 2000)
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Before Commissioner Connor
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20 October and 22 November
2000 and 11 January and 9 and 10 April 2001
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DETERMINATION
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Title
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Clause No.
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Definitions
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1
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Class of Contract of Carriage, Locality, Area, Incidence
and Duration
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2
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Availability of Contract Carriers to Undertake Contracts of
Carriage
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3
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Uniforms
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4
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Responsibilities of the Contract Carrier
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5
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Responsibilities of the Principal Contractor
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6
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Insurances
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7
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Inspections, Breaches and Enforcement
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8
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Disputes Procedures
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9
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Remuneration Records
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10
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Seniority, Industrial Representation and No Guarantees
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11
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Remuneration
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12
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General
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13
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Additional Provisions
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14
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Exclusive Hire
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15
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Induction Training
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16
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Leave Reserved
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17
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Savings Clause
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18
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PART B
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Schedule I
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- Safety Net for Carriers Remunerated by Piece Rates
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Schedule II
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- Probationary Contract Carriers - Safety Net
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Schedule III
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- Optional Unit Rates
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Schedule IV
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- Procedure and Time for Adjustment of Rates and Amounts
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Schedule V
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- Remuneration Records
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Schedule VI
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- Fuel Levy
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PART A
1. DEFINITIONS
In this Contract Determination, unless otherwise required by
the context:
"Act" means the Industrial Relations Act 1996.
"Additional Call" means for the purposes Schedule
III, in relation to a contract of carriage, a pick-up or delivery in addition
to the pick-up at the point of commencement and the delivery at the point of
completion.
"Approved Driver" means the contract carrier where
the contract carrier is a natural person otherwise the person nominated by the
contract carrier, provided that this definition shall not include a substitute
driver as referred to in sub-clause (5) and (6) of clause (5) hereof.
"Association" means any association of principal
contractors or contract carriers registered pursuant to the Act which is a
party to this Determination and which represents the courier and taxi truck
industry.
"Award" means the Transport Industry (State) Award,
as varied from time to time.
"Bank Run" means the performance of a routine and
regular contract of carriage, which relates to the pick up and/or delivery for
banks and/or financial institutions.
"Class of Contract of Carriage" is a method of
description and classification of contracts of carriage and terms of the
minimum carrying capacity and type of vehicles adequate to transport goods the
subject of individual contracts of carriage.
"Class of Vehicle" means the mechanically
propelled and registered vehicle of a particular carrying capacity intended to
be used on roads wholly and partly in or in connection with the courier and
taxi truck industry.
"City of Sydney" means, for the purposes Schedule
III, the area of the City of Sydney bounded by: the southern shoreline of Port
Jackson, Lincoln Crescent, Sir John Young Crescent, Phillip Park, Cook Park,
William Street, College Street, Liverpool Street, Commonwealth Street,
Wentworth Avenue, Elizabeth Street, Chalmers Street, Cleveland Street, Regent Street,
Harris Street, Mary Ann Street, and the Darling Harbour Railway Line
terminating at Pier No. 7, Pyrmont.
"Contract Carrier" means the carrier as defined in
the Act.
"Contract Distance", means for the purposes
Schedule III, the distance in kilometres between the point of commencement of a
contract of carriage and the point of completion of that contract of carriage
(or such other route as may be agreed between a principal contractor and a
contract carrier) and shall be, prima facie, the distance as published by
Transit Distribution Systems (or as may be amended from time to time by that
organisation) or, where such published distance may be shown to be incorrect in
any instance, the actual proven distance in kilometres between those points.
"Contract of Carriage" has the meaning given to
that expression by the Act.
"Contract Time" means, in relation to a contract
of carriage, the time during which a contract carrier has necessarily been
engaged performing the contract of carriage between the point of commencement
and the point of completion, such time not to include time lost because of
breakdowns, accidents, meal breaks or any other interruption, or time spent in
performing other contracts of carriage.
"Courier or Taxi Truck Vehicle" means any mechanically
propelled vehicle not exceeding 4.5 tonnes carry capacity used by a contract
carrier in the course of performing courier or taxi truck work under a contract
of carriage pursuant to this Determination.
"Courier Work" means the transportation by means
of a courier or taxi truck vehicle of goods of up to a maximum of 250 kilograms
of weight from one place to another by a contract carrier for reward at the
behest of a principal contractor pursuant to a contract of carriage and where
it is intended by the parties that the time to be taken is either:
(a) within a standard time requested of the
contract carrier by the principal contractor and advertised as such (to be
known for the purposes of this determination "standard service"), or
(b) within a time required of the contract
carrier by the principal contractor which is the shortest possible time or
within a time which is less than the standard time as in (a) above and
advertised as such (to be known for the purposes of this determination as
"Express/Priority/V.I.P. Service) and where it is intended that in any
event completion is to be effected on the same day as commencement or by the
earliest reasonable time on the following normal working day.
[NOTE: For the purposes Schedule III, where there is a dispute
concerning whether a contract of carriage is "standard service" or
"Express/Priority/VIP Service", the dispute shall be determined in
accordance with Clause 9. Disputes Procedure.]
"Excess Time" means for the purposes Schedule III,
in relation to a contract of carriage, any time, during which a contract
carrier has been engaged performing a pick-up or delivery, in excess of the
time allowed, according to the class of contract of carriage, for pick-ups and
deliveries for the purposes of determining a rate of remuneration for such
classes of contracts of carriage.
"Exclusive Hire" means contracts of carriage,
which on any day are performed by a contract carrier only on bank runs (as
defined) or for only one client of a principal contractor, which preclude
performance of any contracts of carriage, by that contract carrier for other
clients of the principal contractor on that day. For this purpose a client of the principal contractor shall not
include another principal contractor or a related company or enterprise of the
principal contractor.
"Express Road/Air Freight Work" means the
transportation of goods from places within, to places outside, the county of
Cumberland, and vice versa, generally, but not exclusively, on an overnight basis
and using a transportation system commonly known in the transport industry as
"Freight Consolidation" and by means of interstate and/or intrastate
road and air freight services.
"Flagfall" means for the purposes Schedule III, in
relation to a class of contract of carriage, the fee payable to a contract
carrier for pick-up, delivery and weight for a contract of carriage within that
class.
"Goods" means materials and substances of all
descriptions that includes documents, packages and parcels, multiple parcels,
and movable property of any kind or description whatsoever being the subject of
any contract of carriage performed pursuant to this contract determination.
"GST" means the Goods and Services Tax introduced
by the commencement of A New Tax System (Goods
& Services) Act 1999.
"Motor Vehicle or Bicycle" has the meaning given
to that expression by the Act.
"Normal Working Day" means any day upon which a
principal contractor normally or habitually enters into any contract of
carriage.
"Paper Work" means documents required to be in the
possession of the contract carrier to enable performance of contracts of
carriage.
"Parcel Work" means the transportation of
individual items or goods by a contract carrier participating in a system of
distribution of goods from one place to another for reward at the behest of a
principal contractor pursuant to a contract or contracts of carriage by means
of a motor vehicle which system of distribution usually involves:
(a) transportation
to a depot;
(b) unloading and sorting into groups, each
group comprising items to be delivered to places within a logical geographical
zone;
(c) reloading
onto vehicles; and
(d) transportation
to such other place(s) either on the same day or on the following normal
working day.
"Permanent Runs" means, for the purposes Schedule
III, work done on a regular basis involving multiple pick-ups and/or
deliveries.
"Point of Commencement of a Contract of Carriage"
means, for the purposes of Schedule III, the point at which a contract carrier
delivers googs which have been carried pursuant to a contract of carriage, or
any paperwork relating thereto, whichever last occurs.
"Point of Completion of a Contract of Carriage"
means, for the purposes of Schedule III, the point at which a contract carrier
delivers goods which have been carried pursuant to a contract of carriage, or
any paperwork relating thereto, whichever last occurs.
"Principal Contractor" has the meaning given to
that expression by the Act, and also includes a person who enters into a
contract of carriage with a contract carrier.
"Superannuation Determination" means the Transport
Industry - Courier and Taxi Truck (Superannuation) Contract Determination
published 20 April 2000 (315 I.G. 1), as varied from time to time, or any determination
rescinding, replacing or succeeding that determination.
"Taxi Truck Work" means the transportation by
means of a courier or taxi truck vehicle of goods of above 250 kilograms and up
to a maximum of 4500 kilograms of weight from one place to another by contract
carrier for reward at the behest of a principal contractor pursuant to a
contract of carriage and where it is intended by the parties that the time to
be taken is of the shortest possible time or within the time requested by the
principal contractor and it is further intended that in any event completion is
to be effected on the same day as commencement or by the earliest reasonable
possible time on the following working day.
"Union" means the Transport Workers’ Union of
Australia, New South Wales Branch (registered under the Act as an Association
of contract carriers).
"Work" means the performance of a contract of
carriage by a contract carrier pursuant to this determination.
Words importing the singular numbers shall include the
plural number and vice versa.
Words importing the masculine gender shall include the
female gender and words importing persons shall include corporations.
2. CLASS OF CONTRACT OF
CARRIAGE, LOCALITY, AREA, INCIDENCE AND DURATION
2.1 Subject to subclause (2) of this clause,
this Contract Determination shall operate in respect of all contracts of
carriage performed in relation to couriers and taxi truck work by the use of a
bicycle or any type of motor vehicle up to 4.5 tonnes carrying capacity:
(a) from one place to another within the County of Cumberland; or
(b) from one place to another, both of which
are within the state of New South Wales excluding the County of Yancowinna and
are within the area of a circle of radius 50 kilometres, the centre of which is
the point of commencement of a contract of carriage being performed by a
contract carrier.
2.2 This
contract determination shall not operate in relation to:
(a) contracts of carriage to which the Transport
Industry - General Carriers Contract Determination published 19 December 1984
(235I.G.1611) as varied, applies; PROVIDED THAT where a principal contractor
enters into contracts of carriage in the course of operating what may be called
a taxi truck service and with the vehicle used by the contract carrier to
execute such contracts of carriage does not exceed 4.5 tonnes carrying
capacity, the principal contractor shall apply the said Transport Industry -
General Carriers Contract Determination to the exclusion of this Determination
only if such contracts of carriage are, by their nature, principally general
carrier and "not" courier work or "taxi truck work" as
defined in clause 1, Definitions, of this Determination;
(b) contracts of carriage to which any other
transport industry contract determination or any determination replacing those
determinations, apply;
(c) contracts of carriage which are
registered pursuant to an agreement made between the union and a principal
contractor or an association of principal contractors in accordance with
Section 322 of the Industrial Relations
Act 1996, while such agreement, or any agreement made and registered in
substitution thereof, is in force;
(d) contracts of carriage performed by the
contract carriers involved principally in express road/air freight work as
defined in clause 1, Definitions, hereof; or
(e) contracts of carriage performed by
contract carriers involved principally in parcel work as defined in clause 1,
Definitions, hereof.
2.3 Subject to subclause 2 of this clause,
this Determination shall apply to all contracts of carriage of the class and
locality referred to in subclause 1 of this clause and shall bind all principal
contractors and contract carriers engaged in or in connection with such work.
2.4 This contract determination rescinds and
replaces the Transport Industry - Courier and Taxi Truck Contract Determination
published 23 April 1999 (309 IG 81), as varied.
2.5 (a) Subject
to sub-clauses (b), (c) and (d) this contract determination shall operate on
and from 1
November 2000
and have a nominal term of three years.
(b) Schedule VI shall operate on and from 1
January 2001 and its nominal term will expire on 9 April 2001.
(c) Clauses 5.10 and 16 shall operate on and from 10 April 2001.
(d) Clauses 5.24 and 6.11 shall operate on and from 4 June 2001.
3. AVAILABILITY OF
CONTRACT CARRIERS TO UNDERTAKE CONTRACTS OF CARRIAGE
3.1 (a) A contract carrier shall be entitled to
negotiate with the principal contractor in respect of periods
of time during
which the contract carrier shall not be available to undertake contracts of
carriage.
(b) A principal contractor may not require a
contract carrier to be available for the performance of contract of carriage
for more than 222 days in any year. In
this context, a "year" begins when a contract carrier commences to
perform contracts of carriage with a principal contractor (whether the contract
carrier commenced to perform such contracts before or after the making of this
determination).
3.2 At such times as a contract carrier and
a principal contractor agree (the latter not unreasonably to withhold consent),
a contract carrier shall be entitled to suspend the performance of contracts of
carriage for any reasonable period for the purpose of obtaining sustenance
except during such times as the principal contractor reasonably requires the
performance of contracts of carriage to continue. (In this context a break of a minimum of 30 minutes after a
maximum of five hours continual engagement shall be considered reasonable).
4. UNIFORMS
4.1 If the contract carrier is requested by
a principal contractor to wear a special uniform when undertaking work with
that principal contractor, the uniform shall be supplied by the principal contractor
at no cost to the contractor carrier.
4.2 Any such uniform shall remain the
property of the principal contractor and any item forming part of the uniform
shall be replaced by the principal contractor when required by fair wear and
tear upon presentation of the item to be replaced, provided that, should loss
and damage to an item forming part of a uniform occur due to gross negligence
on the part of the contract carrier, the item shall be repaired or replaced by
the contract carrier at the contract carriers cost.
4.3 Where a uniform is so supplied to a
contract carrier, the contract carrier shall wear it in accordance with the
instructions of the principal contractor whilst undertaking work with the
principal contractor and only at such other times as agreed to by the principal
contractor.
4.4 Where a uniform is so supplied to a
contractor carrier, the contract carrier shall maintain and launder it at the
contract carrier’s expense.
5. RESPONSIBILITIES OF THE
CONTRACT CARRIER
5.1 The contract carrier shall undertake to
observe all applicable obligations contained in this Determination and
specifically:
(a) Subject to agreement between a principal
contractor and the contract carrier where it is the normal practice of contract
carriers performing work with the principal contractor, to undertake work as
directed by the principal contractor and to carry such goods as the principal
contractor shall from time to time specify and between such places as the
principal contractor may reasonably require; or
(b) Otherwise to be available at all
reasonable times to perform contracts of carriage on behalf of, or at the
request of, the principal contractor, to observe all reasonable and lawful
requests made by the principal contractor, and to be of neat and clean
appearance.
5.2 To pay all statutory costs and fees
payable in respect of the vehicle used by the contract carrier in the
performance of contracts of carriage, and to keep the vehicle in a mechanically
sound, road-worthy and clean condition.
5.3 To keep the said vehicle adequately
equipped for the safe conduct of contracts of carriage of the kind normally
undertaken by the contract carrier on behalf of the principal contractor.
5.4 To be at all times the holder of a
current driver’s licence appropriately endorsed or issued in respect of the
vehicle used by the contract carrier in the performance of contracts of
carriage, to produce the licence for inspection by the principal contractor
upon request and to notify the principal contractor immediately if the licence
is suspended or cancelled.
5.5 (a) Not
to engage or use the services of a driver for his vehicle, other than the
approved driver,
without the approval of the
principal contractor. Such approval may
be withdrawn by the principal contractor if the driver commits misconduct or
fails to comply with a provision of this determination appropriate to be
complied with by a driver of the vehicle of the contract carrier.
(b) Not to engage or allow any person to
drive his vehicle other than the approved driver when he is working with the
principal contractor. PROVIDED THAT, in
circumstances where the approved driver is unable to work for a reason other
than agreed periods in accordance with paragraph (a) of subclause (1) of clause
3 of this Determination, and where the contract carrier elects not to cease
work with the principal contractor, it will be the responsibility of the
contract carrier to arrange wherever reasonably practical for the services of a
substitute driver to operate his vehicle for a period not to exceed 3 months
from the date of the approved driver becoming unable to work. Beyond such 3 months’ period, the principal
contractor may terminate any agreement with the contract carrier for the
performance of any contract(s) of carriage.
5.6 In relation
to any substitute driver:
(a) to comply fully with the award;
(b) to ensure, to the extent it is
reasonably practical, such substitute driver complies with appropriate
provisions of this Determination, is of neat and clean appearance, and does not
commit misconduct; and
(c) to advise such substitute driver of all
things necessary to facilitate the performance of all contracts of carriage
previously agreed by the contract carrier to be undertaken.
5.7 To advise the principal contractor of
his inability to perform any contract of carriage previously agreed to be
performed by him, as early as possible and in any event at least one hour
before his scheduled time of commencement of the contract of carriage; in
circumstances where the contract carrier anticipates he will not be available
to undertake any contracts of carriage on a normal working day, he shall advise
the principal contractor thereof at the earliest reasonably possible
opportunity.
5.8 Not to cease performing contract(s) of
carriage on any day without first notifying the principal contractor, or his
radio operator, of his intention so to do, and to co-operate with the principal
contractor in arranging for the completion of any contract(s) of carriage
already commenced by the contract carrier, but not completed, or the
reallocation of any contract(s) of carriage, previously agreed by the contract
carrier to be undertaken but not yet commenced.
5.9 Whilst undertaking or being available to
undertake contracts of carriage, to maintain contact with the principal
contractor by radio, which is installed in the vehicle, to keep it in the
listening position (unless transmitting) while the base station is open and to
inform the principal contractor as soon as possible when a radio unit installed
in the vehicle requires servicing or repair.
5.10 Within a reasonable period (not exceeding
3 working days from the completion of any contract of carriage), to have
delivered to the principal contractor all paperwork, freight notes and
worksheets and any other document reasonably requested by the principal
contractor, all correctly completed pertaining to all work performed by the
contract carrier for the principal contractor.
Unless excused by the principal contractor, every endeavour shall be
made to obtain any required signature on the relevant documentation when goods
are picked up and/or delivered, any damage or shortages to be noted. Contract carriers who fail, other than
because of circumstances beyond their control, to comply with these
undertakings shall not be entitled to any remuneration, including for safety
net purposes, until such documentation is provided to the principal contractor.
5.10.1 Where a client requests proof of delivery
paperwork from a principal contractor, the contract carrier shall be required
to provide that paperwork to the principal contractor within a reasonable time
specified by the principal contractor.
Failure to comply with this requirement shall not affect any entitlement
of the contract carrier in relation to safety net or other remuneration.
5.10.2 Continued failure to comply with this
subclause may constitute grounds for termination of the engagement of the
contract carrier by the principal contractor.
5.11 As soon as possible to report to the
principal contractor any serious accident, or any accident which affects the
performance by the contract carrier or any contract of carriage then being
performed, or which the contract carrier has previously agreed to perform.
5.12 To advise the principal contractor of his
intention to make any alterations to the equipment contained in or on his
vehicle and not to make alterations to the equipment of the principal
contractor without the prior consent of the principal contractor.
5.13 To carry out any reasonable and lawful
requests of the principal contractor made in order to observe the requirements
of customers as to the order in which contracts of carriage are performed.
5.14 To inform the principal contractor
immediately, or at the earliest possible opportunity, if he is unable to effect
pick-up or delivery of goods to be carried pursuant to a contract of carriage
agreed to be performed by him.
5.15 To exercise all reasonable care and
diligence in the carriage and safe keeping of goods in his charge. A contract carrier shall not have any lien
over the goods carried by him and shall take every precaution to avoid any lien
over such goods being exercised by a third party.
5.16 To observe
the necessity for civility to customers.
5.17 Upon ceasing to perform contracts of
carriage with a principal contractor, promptly to return to the principal
contractor all uniforms and removable equipment and signs supplied by the
principal contractor.
5.18 Where it is apparent to the contract
carrier that goods to be carried pursuant to a contract of carriage are of a
dangerous or hazardous nature, to notify the principal contractor of the nature
of such goods and to comply with all relevant requirements of the Transport of
Dangerous Goods Act and its related codes of practice.
5.19 Where it is apparent to the contract
carrier that goods to be carried pursuant to a contract of carriage are not
packed or wrapped in a proper and secure manner for carriage and/or are in a
damaged or unsafe condition, to notify the principal contractor of the nature
of such goods in all circumstances prior to continuation of the contract of
carriage.
5.20 To comply with all Acts, Ordinances, Regulations
and By-laws relating to the registration, third party insurance and general
operation of the vehicle within New South Wales.
5.21 To account for any cheques or monies
received on behalf of the principal contractor by the close of the next working
day or as agreed between the contract carrier and the principal
contractor. The contract carrier shall
not be held responsible for fraudulent cheques collected by the contract
carrier in good faith on behalf of the principal contractor.
5.22 To invoice and/or collect cash from
customers and receive payment for the carriage of goods, unless the principal
contractor has previously agreed to extend credit in respect thereof and has
accordingly notified the contract carrier.
In the event of any payment being refused, the contract carrier shall
obtain further instructions from the principal contractor prior to effecting
the pick-up(s) and/or delivery(s) of any goods for which payment is
refused. The contract carrier’s
entitlement to any remuneration pursuant to this Determination for any work in
respect of which he has failed to comply with this subclause shall be deferred
until the matter has been resolved pursuant to clause 9 of this Determination.
5.23 To maintain proper accounts and
records. A principal contractor may at
all reasonable times inspect such accounts and records as relate directly to
work performed by the contract carrier for the principal contractor.
5.24 Bicycle couriers shall, at all times that
they are available to perform contracts of carriage, affix the identification
numbers provided by the principal contractor in accordance with 6.11 on their
back an chest and on the frame of their bicycle in a manner that such numbers
are clearly visible. Photographic
identification provided by the principal contractor in accordance with 6.11
shall be worn or carried at all times by the bicycle courier.
Note: Any bag which covers in part or in whole any of the above
mentioned numbers will have affixed to it an identification number.
6. RESPONSIBILITIES OF THE
PRINCIPAL CONTRACTOR
The principal contractor shall undertake to observe all
applicable obligations contained in this Determination and specifically:
6.1 If requested by the contract carrier,
arrange, whenever practicable, for a representative of the principal contractor
to attend accidents involving injury to person or property.
6.2 Advise contract carriers, prior to
engagement for a contract of carriage, of urgent or special delivery
instructions arranged for such contract of carriage, or as early as possible,
if such instructions were not known at time of engagement.
6.3 Where goods of a dangerous or hazardous
nature are to be carried, notify the contract carrier of the nature of such
goods and both comply with and provide all reasonable assistance to the
contract carrier to enable him to comply with, all relevant requirements of the
Transport of Dangerous Goods Act and its related codes of practice.
6.4 At his option, supply and fit to the
vehicle of a contract carrier a mobile radio at the principal contractor’s
expense, in which case:
(a) maintenance and repairs to the radio
shall be the responsibility of the principal contractor, except where repairs
arise as the result of attributable negligence of the contract carrier, or
caused by water leaking into the vehicle, in which event the reasonable cost of
repair shall be paid by the contract carrier to the principal contractor;
(b) where the contract carrier changes his vehicle
prior to the completion of twelve months regular undertaking of work with the
principal contractor and using that vehicle, the cost of transferring the radio
shall be paid by the contract carrier to the principal contractor; and
(c) nothing herein shall prevent a contract
carrier from installing his own mobile radio in his vehicle, in which event the
cost of installation and all maintenance and repairs thereof shall be the sole
responsibility of the contract carrier and mobile radio crystals (or equivalent
device) supplied by the principal contractor shall remain the property of the
principal contractor.
6.5 At his option, and subject to agreement
between the principal contractor and the contract carrier, paint and/or
signwrite the contract carrier’s vehicle in the principal contractor’s colours
at the principal contractor’s expense.
6.6 Subject to subclause (5) above, at his
option affix signs to and/or repaint the contract carrier’s vehicle at the
principal contractors expense; the work shall be carried out by the principal
contractor’s workshop, or by, other personnel nominated by the principal
contractor or agreed between the principal contractor and the contract carrier.
6.7 Subject to subclause (22) of clause 5
and subclause (3) of clause 12 hereof, pay the contract carrier during normal
business hours the remuneration due to him not later than sixteen business days
(that is, Monday to Friday, excluding public holidays) after the beginning of
the accounting period observed by the principal contractor, which period shall
not exceed two weeks in duration. The
contract carrier shall be issued a statement of payments made that sets out the
details prescribed in Clause 10 - Remuneration Records. Further, at the completion of each relevant
‘top up’ or probationary period, the principal contractor shall pay within
fourteen (14) days any ‘top up’ payments as part of the complying with the
safety net requirements, pursuant to subclause 12.2. (b).
6.8 Bear the cost of removing all equipment
and signs supplied by the principal contractor (as contemplated by subclauses
(5) and (6) above), and make good the affected areas of the vehicle in the case
of a contract carrier ceasing to undertake contracts of carriage with the
principal contractor, provided the contract carrier has first returned to the
principal contractor all other equipment supplied by the principal contractor
and makes his vehicle available for such changes within three working days (or
such other agreed period) of ceasing to undertake contracts of carriage with
the principal contractor, and provided further this clause shall not apply
where the contract carrier has ceased to undertake contracts of carriage with
the principal contractor either by reason of misconduct or at his own volition
before completing a period of two consecutive years during which he has
undertaken the performance of contracts of carriage with the principal
contractor.
6.9 Advise the contract carrier, prior to
engagement for any contract of carriage where credit has not been extended,
that the contract carrier is to be responsible to collect cash payment, and
shall specify the amount(s) to be collected on pick-up(s) and/or delivery(s).
6.10 Maintain
proper accounts and records in accordance with Clause 10 - Remuneration Records.
6.11 In relation
to bicycle couriers:
·
Keep a legible register of all couriers engaged. The register shall contain the name,
address, contact phone number and date of birth of each bicycle courier
together with a courier identification number.
·
Provide each bicycle courier with a minimum of four
copies of their identification number.
Two copies of the identification number shall be in a form capable of
being affixed/secured to the chest and back of their outer garment. One copy shall be in a form capable of being
affixed to the frame of a bicycle. The
remaining copy shall be in the form of a photo ID which will be worn/carried at
all times and which shall contain all of the information relating to the courier
kept by the principal contractor in its register of bicycle couriers engaged,
together with a recent photograph of the bicycle courier to whom the
information relates. All identification
numbers shall be made of durable weatherproof material, shall be clearly
visible, and shall show the trading name of the principal contractor. The identification numbers to be worn on the
courier's apparel and bicycle will be a minimum of fifteen (15) centimetres in
both height and width.
·
Failure to comply with 5.24 and/or 6.11 may constitute
grounds for termination of the engagement of the bicycle courier by the
principal contractor.
7. INSURANCES
7.1 The contract carrier shall, either by
himself/herself, or, where agreed in writing, in co-operation with the principal
contractor, obtain and maintain a policy of insurance acceptable to the
principal contractor (whose consent shall not be unreasonably withheld)
against:
(a) all legal liability in respect of loss
and/or damage arising through the act, neglect or default of the contract
carrier, or his/her servants or agents, and shall otherwise indemnify the
principal contractor against all such liability incurred by the principal
contractor where the principal contractor is acting as agent for the contract
carrier; and
(b) any such liability incurred by the
principal contractor in the event of goods in charge of the contract carrier
(or any substitute driver or other persons engaged by him/her for whose actions
he is responsible) being lost or damaged.
Where any of the above insurance
policy(s) have been obtained and maintained by the contract carrier, such
insurance policy(s) must, where required, include on annual renewal an attached
schedule listing the full name and address of each and every contract carrier.
Each contract carrier shall be given satisfactory proof that he/she has been
insured for the required policies at the cost of the deductions made.
7.2 The contract carrier shall, either by
himself/herself or, where agreed, in co-operation with the principal
contractor, obtain and maintain:
(a) a Public Liability Insurance Policy in the sum of $5,000,000;
(b) a Motor Vehicle Comprehensive Insurance
Policy including Third Party Property Damage Cover in the sum of $5,000,000;
(c) a Workers’ Compensation Insurance Policy
to cover any persons who may from time to time be employed by the contract
carrier.
7.3 Where the contract carrier is not, or is
not deemed to be, for the purposes of the Workers’
Compensation Act (NSW) a worker, the contract carrier shall, either by
himself or (where agreed in writing signed by both the principal contractor and
contract carrier) in co-operation with the principal contractor, obtain and
maintain a Personal Accident and Sickness, or Earnings Protection, Insurance
Policy. Such policy shall as a minimum
be for the value of the labour component.
7.4 In respect of insurances of the kind
referred to in subclause 7.1, 7.2, and 7.3 hereof obtained other than in
co-operation with the principal contractor, the contract carrier shall ensure
each such policy includes an indemnity of the principal contractor for any
action of the contract carrier to which the policy applies and the appropriate
extensions in respect of the carriage of dangerous goods.
7.5 Where the contract carrier is, or is
deemed to be, for the purpose of the Workers’
Compensation Act (N.S.W.), a worker, the principal contractor shall take
out and maintain a Workers’ Compensation Insurance Policy in respect of the
contract carrier.
7.6 Each of the principal contractor and the
contract carrier shall have an obligation to produce for inspection by the
other, upon reasonable request, a copy of all insurance policies required
hereby or otherwise agreed, to be effected and receipts for premiums in respect
of the insurance period(s) then current.
8. INSPECTIONS, BREACHES
AND ENFORCEMENT
8.1 In the event of any suspected breach of
this contract determination, any person holding an Authority relating to the
class of work covered by this contract determination issued by the NSW
Industrial Registry pursuant to the Industrial
Relations Act 1996, as amended, may from time to time inspect any and all
of the records required to be maintained by the principal contractor under
Clause 6 and Clause 10 of this determination.
Such inspection shall only take place within ordinary business hours.
8.2 Notwithstanding anything contained in
this contract determination, no person shall be able to sight, inspect or copy
any of the principal contractor’s invoices and/or statements to clients.
8.3 Where a principal contractor does not
keep remuneration records that comply with the requirements of Clause 10,
Remuneration Records, then for the purpose of subclause 12(2)(b) (the safety
net), the calculation for each contract carrier for whom remuneration records
do not comply should be based upon the contract carrier having been engaged for
a minimum of ten (10) hours engagement for each day worked during the period
for which the remuneration records do not comply. Nothing in this subclause shall limit the legal rights of the
contract carrier to seek recovery for any hours performed in excess of ten (10)
hours on any day.
9. DISPUTES PROCEDURE
In the event of a question, dispute or difficulty arising
between a contract carrier and a principal contractor:
9.1 The contract carrier or his Union
Delegate or a representative of an Association of Contract Carriers acting with
his authority, shall negotiate with the principal contractor or his nominated
representative.
9.2 If the question, dispute or difficulty
is not resolved, either party may refer the matter to an Organiser, or other
Official, of the Union, or an Executive Officer for the time being of an
Association referred to in the Definitions set out in clause 1 of this
Determination, who may, either personally or by his nominated representative,
endeavour to negotiate a settlement on the question, dispute or difficulty.
9.3 If negotiations contemplated in
subclauses 9.1 and 9.2 above are unsuccessful, the parties may notify the
dispute in accordance with the Act, or take the matter to such other person or
body as may be agreed by the parties concerned to act as arbitrator.
9.4 At all times, whilst the steps referred
to in subclauses 9.1 9.2 or 9.3 hereof are being pursued in good faith each of
the principal contractor and the contract carrier concerned shall continue to
abide by the terms of this Determination, and every endeavour shall be made by
each to facilitate the undertaking of contracts of carriage in the normal
manner.
10. REMUNERATION RECORDS
10.1 A principal contractor shall maintain, in
the form of either Table (i) or Table (ii) set out at Clause A in Schedule V of
this determination, remuneration records for each day of engagement within the
pay period with respect to each contract carrier engaged by the principal
contractor that as applicable will include the following records in columns
within the table:
(a) the date of each engagement;
(b) the name and fleet number of the contract carrier;
(c) the vehicle details (type, model,
carrying capacity, registration number) used by the contract carrier;
(d) the records required to calculate the
daily safety net hours in accordance with sub-clause 12.2 or exclusive hire
hours in accordance with clause 15.
(e) the job number or code allocated to the
contract carrier by the principal contractor for each contract of carriage
undertaken by the contract carrier;
(f) the type of service undertaken by the
contract carrier for each contract of carriage (eg. standard, VIP, express
etc.);
(g) where applicable, the suburbs of pick up
and delivery and the kilometres of separation between each pick up point and
point of delivery. Unless varied in
accordance with subclause 12.1 such kilometres shall be as published by Transit
Distribution System;
(h) all additional details pertaining to the
contract of carriage which are necessary to calculate the remuneration owing to
the contract carrier for each contract of carriage performed pursuant to
subclause 12.1 (eg. where applied by a principal contractor flag fall,
additional call, follow on, percentage, excess time, waiting time, weight, the
number of items carried, hourly hire, zone rate, pallet rate, futile call,
after hours rate, weekend rate etc.);
(i) the fee due to the contract carrier in relation to the
performance of each contract of
carriage.
10.2 For each pay period records shall be kept
by the principal contractor, in the form of the table set out at Clause B in
Schedule V of this determination, which show:
(a) details of any deductions including tax;
(b) gross remuneration for the pay period; and
(c) cumulative earnings (including exclusive
hire) and safety net hours up to the end of that pay period for the relevant
safety net or probationary period pursuant to clause 12.2.
10.3 At the conclusion of each pay period the
contract carrier shall be issued with a pay record, in the form of the tables
set out at Clauses A and B of Schedule V of this determination, specifying those
components of pay records in 10.1 and 10.2 which are applicable.
10.4 For each Safety Net/Probationary Period in
accordance with clause 12.2 the principal contractor shall maintain all records
used to calculate Safety Net Hours, including records generated by the contract
carrier pursuant to subclause 5.10. The
principal contractor shall provide the contract carrier with a copy of a
summary sheet no later than 14 days after the completion of each Safety Net/Probationary
Period that will set out:
(a) The Period Covered;
(b) Daily Safety Net Hours (including the
total time between allocation of the first contract of carriage and the
completion of the last contract of carriage on each day, less any break);
(c) Total Time on exclusive hire;
(d) Total safety net/probationary hours;
(e) Gross remuneration paid;
(f) Calculated Minimum Safety Net (Total
Safety Net Hours Multiplied by specified Schedule I rate); and
(g) Total Top-Up Payment Owing.
10.5 A contract
carrier may at all reasonable times inspect those records that relate directly
to
·
work performed by the carrier; or
·
payments due or made to the carrier.
10.6 The principal contractor shall maintain
(and a contract carrier may inspect) a copy of all service codes (eg. standard,
VIP, express, hourly hire, etc.) utilised by the principal contractor, which
relate to the full range of contracts of carriage performed by the contract
carrier, together with a written explanation of these codes.
11. SENIORITY, INDUSTRIAL REPRESENTATIVE
AND NO GUARANTEES
11.1 An engagement between a Principal
Contractor and a Contract Carrier in relation to the performance of a contract
of carriage, does not commit either the Principal Contractor or the Contract
Carrier to enter into further contracts of carriage or guarantee any minimum
remuneration other than provided for in Clause 12 - Remuneration.
11.2 Principal
contractors shall, in the offering of runs to contract carriers, take into
account:
(a) the principles of seniority;
(b) vehicle type and capacity;
(c) where relevant, reliability and physical ability;
(d) compatibility with existing runs; and
(e) any agreed local rules, instructions and conditions.
11.3 The application of the principle or
seniority (known in the transport industry as "last on-first off")
shall apply when or where economic conditions or reduction in available
contract work (for specific vehicle type or capacity), dictate.
11.4 Where a number of contract carriers with
the same principal contractor are members of the Union, those contract carriers
may elect one of them as a Union Delegate who shall, upon notification thereof
to the principal contractor by an Official of the Union be recognised as the
accredited on site representative of the aforesaid contract carriers who are
Union members.
11.5 Where a number of contract carriers with
the same principal contractor are members of an Association of contract
carriers those contract carriers may elect one of them as their Nominated
Representative who shall, upon notification thereof to the principal contractor
and the Association be recognised as the Nominated Representative for the
aforesaid contract carriers who are Association members.
11.6 Where a principal contractor intends to
engage non-regular contract carriers to undertake contracts of carriage, he/she
may do so after advising the Union Delegate and/or the Association Nominated
Representative, as applicable, having due regard as to the likely effect of
such engagements on the remuneration of the regular contract carriers with the
principal contractor.
12. REMUNERATION
NOTE:
·
All persons, partnerships, and companies engaged under
this determination as contract carriers are independent contractors.
·
This remuneration clause is structured to provide
incentives to the contract carrier together with access to a range of income
earning opportunities. It also provides
the Principal Contractor with flexibility to meet customer needs and the
ability to enhance efficiency within the industry as a whole.
·
Rates of remuneration payable to carriers pursuant to
clauses 12. Remuneration and 15. Exclusive Hire of Part A of this
determination together with the rates prescribed in schedules I, II and III of
Part B shall be exclusive of GST. A
separate amount equal to 10% of the value of the remuneration payable shall be
paid by the principal contractor to the carrier if GST applies to the contracts
of carriage ['the GST amount']. The GST
amount shall not be construed as an increase in the rates of remuneration. The total fee payable to the contract
carrier by the principal contractor pursuant to contracts of carriage shall be
the sum of the remuneration payable and the GST Amount.
12.1 Incentive
Systems
The principal contractor may on
any assignment engage contract carriers under incentive systems of remuneration
as follows:
12.1.1 by an incentive scheme specified by the
principal contractor and advised to the contract carrier at the time of
engagement. Incentive schemes
determined under this sub-clause shall:
12.1.1.1 clearly state the specific payment
for the types of transport services required of the contract carrier, including
pickup and delivery time standards where such times affect payment;
12.1.1.2 where multiple hiring occurs, namely
any partial or complete coincidental performance of two or more contracts of
carriage, precise payment terms must be separately specified if these services
are paid differently to the payment for a single service;
12.1.1.3 details of the incentive schemes
utilised under this sub-clause must be included in the pay records of any
contract carrier remunerated in this manner.
12.1.2 The minimum rates of remuneration set out in
Schedule III may be specified by the principal contractor as the incentive
scheme and if specified to be the incentive scheme must be paid for each and
every contract of carriage in accordance with the following:
12.1.2.1 A higher than minimum rate of remuneration
paid for any contract of carriage shall not be used as a set-off to allow a
lower than minimum rate of remuneration to be paid on any other contract of
carriage; the practice known in the courier and taxi-truck industry as
"overs and unders" is hereby expressly prohibited.
12.1.2.2 A principal contractor who elects to
pay remuneration pursuant to Schedule III shall pay to the contract carrier for
each contract of carriage for courier and taxi truck work the minimum rate of
remuneration calculated by multiplying the unit rate shown in Schedule III by
the number of units in Schedule III applicable to the class of contract of
carriage for each of the factors, as and where applicable.
12.1.2.3 Nothing in this clause shall be
taken as providing that it is mandatory that a principal contractor shall adopt
Schedule III or detract from the rights of a principal contractor to adopts an
incentive scheme pursuant to subclause 12.1.1 of this clause.
12.1.3 The incentive scheme specified by a principal contractor shall be:
12.1.3.1 Provided in writing to affected contract carriers; and
12.1.3.2 Clearly state the specific payment
for the types of contracts of carriage to be performed by the contract
carrier. Further, details of the
incentive schemes utilised under this clause must be included in the pay
records of any contract carrier remunerated in this manner.
12.1.4 A principal contractor may only vary the
specified incentive scheme method of payment by further written notice of 7
days.
12.1.5 Any payment to contract carriers in
accordance with subclause 12.1.1 or 12.1.2 shall be subject to the Safety Net
provided for in sub-clause 12.2.
12.2 Safety Net
12.2.1 The minimum payment due to a contract carrier
over the period of 2 months as specified in subclause 12.2.8 shall be
calculated by adding the Daily Safety Net entitlement as determined in
accordance with 12.2.1.1 together with the minimum remuneration earned pursuant
to Clause 15, Exclusive Hire (for all hours engaged on such work) over that two
month period.
12.2.1.1 Calculation of Daily Safety Net
Hours
12.2.1.1.1 Subject to sub-clause 12.2.1.1.2 the
relevant hourly rate set out in Schedule I for each hour or part thereof as
determined by the period of time on any working day after the first job has
been allocated and the contract carrier commences to travel in order to pick-up
the first job of the day until the time of delivery of the final completed
contract of carriage on that same day.
12.2.1.1.2 Should a working day commence with a contract
carrier completing a delivery held over night by the contract carrier, the
calculation of the safety net hours on that working day shall commence from the
earlier of either:
·
the time the contract carrier commences to travel in
order to effect the delivery held over night; or
·
the time the contract carrier commences to travel to
effect that working day’s first contract of carriage (being a contract of
carriage allocated prior to the contract carrier commencing to travel to effect
the delivery held over night).
12.2.2 Any disputes in relation to the time of
allocation of the first contract of carriage, the completion of the last
contract of carriage, the completion of the last contract of carriage or any
breaks taken by a contract carrier on any working day shall be determined in
accordance with clause 9 - Dispute Procedure.
In the event of such dispute
particular regard shall be had to the contract carriers daily run sheet (or
other such records within the carriers possession) and information that may be
ascertained from the establishment of first pickup or last delivery.
Provided that the deliberate
falsification of the records that a contract carrier is required to make and
provide to the principal contractor pursuant to subclause 5.10 shall be grounds
for immediate termination of the contract carrier.
12.2.3 The Safety Net shall exclude periods of
mechanical breakdown and/or any other period when the contract carrier is not
available to perform contracts of carriage on any day including any meal or
sustenance break taken by the contract carrier or any other reason at the
initiation of the contract carrier.
12.2.4 On any day where a contract carrier is paid
only under Clause 15 - Exclusive Hire the safety net calculation provided for
in 12.2.1.1 shall have no application.
12.2.5 When a contract carrier is first engaged with
a principal contractor the safety net payable in accordance with this Clause
shall, during the first 6 weeks of service with that principal contractor, be
limited to a maximum of 7 hours on any day at the probationary rates set out in
Schedule II. This sub-clause does not
preclude a new contract carrier working more than 7 hours on any day. Provided that this probationary provision
shall have no application to a contract carrier providing a vehicle of greater
than 3 tonnes carrying capacity.
12.2.6 Subject to sub-clause 12.2.5, the Safety Net
shall only be paid where, over the relevant two month period, the total
earnings of the contract carrier are less than the payment arising under the
Safety Net.
12.2.7 Where, during a relevant 2 month period or a
probationary period a contract carrier is consistently failing to generate
remuneration at the level of Safety Net the principal contractor may counsel
the contract carrier in relation to the contract carrier’s performance.
12.2.8 In each year the two month periods shall be:
(A) from 1 January up to but not including 1 March;
(B) from 1 March up to but not including 1 May;
(C) from 1 May up to but not including 1 July;
(D) from 1 July up to but not including 1 September;
(E) from 1 September up to but not including 1 November;
(F) from 1 November up to but not including 1 January.
Provided that a principal
contractor may determine the two months period to commence at beginning of
first accounting period observed by the principal contractor that commences on
or after the beginning of each two month period referred to in this sub-clause
and conclude at the end of the last accounting period to commence prior to the
end of each two month period referred to in this sub-clause.
12.2.9 For the purpose of determining safety net
entitlements of a contract carrier a principal contractor shall include all
associated courier and taxi truck businesses or companies of the principal
contractor.
12.3 The principal contractor shall be entitled
to deduct and retain from any remuneration the contract carrier is entitled to
receive:
12.3.1 any amounts payable to the principal
contractor by the contract carrier pursuant to this contract determination,
provided that the contract carrier has first given written authority to the
principal contractor specifying the nature and the amounts which may be so
deducted; and/or
12.3.2 a maximum of the sum of five hundred dollars
in the event of the contract carrier ceasing to perform further contracts of
carriage with the principal contractor.
Such sum may be withheld for the minimum period reasonably necessary to
enable a final adjustment of the amount to which the contract carrier is then
entitled, pursuant to this contract determination, and in any event for a
maximum of six (6) weeks from the date of completion of the last contract of
carriage performed by the contract carrier.
12.4 The following
deductions are not permitted, whether by agreement or otherwise:
·
Radio or radio accessory fees or charges.
·
Fees or charges for on-board computers or display
screens or mobile data units or similar equipment, or for computer consumables.
·
Administration fees.
·
Contributions towards bonus schemes.
13. GENERAL
13.1 Before replacing any vehicle normally used
by him in undertaking contracts of carriage with a principal contractor, a
contract carrier shall, not less than 1 month prior to such intended
replacement, notify the principal contractor of his intention to so replace the
vehicle, and discuss with the principal contractor the type of replacement
vehicle proposed to be obtained.
13.2 If at any time a principal contractor
reasonably considers the vehicle normally used by a contract carrier in the
performance of contracts of carriage with the principal contractor is
unsuitable for such work, the principal contractor may so advise the contract
carrier, and may request the contract carrier to obtain a replacement vehicle
within such time as is agreed between the contract carrier and the principal
contractor or, in default of agreement, within such period as the principal
contractor reasonably requires, being not less than 6 weeks hence. In the event of the contract carrier
believing himself to be unreasonably disadvantaged by such request, the matter
shall be dealt with in accordance with clause 9 - Disputes Procedure, hereof.
13.3 All contracts of carriage performed by a
contract carrier with a principal contractor shall be treated as individual
contracts of carriage, irrespective of whether they are performed concurrently
or consecutively. The contract carrier
shall be entitled to remuneration for each contract of carriage performed.
13.4 Notwithstanding anything contained in this
contract determination the relationship between a contract carrier and a
principal contractor shall be that of independent contractors and not master
and servant.
13.5 No contract carrier shall be engaged to
perform work who does not supply a vehicle approved by the principal contractor
or who, personally, is not approved by the principal contractor.
13.6 When a contract carrier is not a natural
person, then for the purposes of this Determination, any act, default or
misconduct by any person performing work on behalf of the contract carrier
under a contract of carriage to which the contract carrier is a party, shall be
deemed to be the act, default or misconduct of the contract carrier.
14. ADDITIONAL PROVISIONS
The following subclauses (1) to (11) inclusive, shall apply
as conditions to be observed by contract carriers and principal contractors
where the alternative set out in paragraph (a) of subclause (1) of clause 5
hereof is adopted:
14.1 The principal contractor in conjunction
with the Union Delegate may investigate an excessive claims record of a
contract carrier in respect of loss of or, damage to goods. A contract carrier whose claims record is
excessive may be terminated by the principal contractor subject to prior
discussion having taken place between the principal contractor and the union.
14.2 Where a contract carrier commits
misconduct, the principal contractor may elect to discontinue immediately to
offer further contracts of carriage to the contract carrier. An inquiry, if requested, will be held thereafter
within one normal working day by the principal contractor, union delegate and,
if available, a representative of the union.
14.3 Unless otherwise agreed between the
principal contractor and the contract carrier, the contract carrier shall
provide the principal contractor with seven days’ notice of his intention to
discontinue contracts of carriage with the principal contractor. During this period the principal contractor
shall have the right to travel a learner (who shall be an employee of, or a
contract carrier with, the principal contractor) with the contract carrier for
the purposes of familiarisation.
14.4 Subject to the provisions contained in
subclauses (6) to (11) inclusive hereof, the principal contractor has the right
to specify the class of vehicle, which he requires to be used by the contract
carrier in undertaking work for the principal contractor.
14.5 Provided that the contract carrier has not
without the approval of the principal contractor replaced the vehicle which he
has been using to undertake work for the principal contractor during a period
of two years prior to this Determination coming into operation of during such
lesser period for which the contract carrier has been undertaking work for the
principal contractor, then the vehicle being used by the contract carrier in
undertaking work for the principal contractor at the date when this
Determination comes into operation shall be deemed to be of the class specified
by the principal contractor. In the
event that the contract carrier has during the period specified in this
subclause changed the vehicle without the approval of the principal contractor,
the principal contractor has the right to specify the class of the vehicle,
which he requires.
14.6 The contract carrier shall not replace the
vehicle he is using to undertake work for the principal contractor without
obtaining the prior consent of the principal contractor. Where it is agreed between the principal
contractor and the contract carrier that a vehicle in use by the contract
carrier needs to be replaced then the principal contractor shall have the right
to specify the class of the vehicle he requires to be used by the contract
carrier in undertaking work for the principal contractor.
14.7 In the case of contracts of carriage
entered into for the first time subsequent to this Determination coming into
operation the principal contractor shall have the right to specify the class of
the vehicle, which he requires to be used by the contract carrier in undertaking
work for the principal contractor.
14.8 The principal contractor has the right to
specify more than one class of vehicle to be used in undertaking work for the
principal contractor by different contract carriers engaged in the same
yard. Where several contract carriers
undertake work for the principal contractor, and such work is identical in
nature the principal contractor shall specify one class for the vehicles of the
contract carriers undertaking work for the principal contractor.
14.9 If the principal contractor at any time
considers that the vehicle of the contract carrier being used to undertake work
for the principal contractor is not acceptable for undertaking further work he
may give to the contract carrier six weeks’ notice that the vehicle is to be
replaced.
14.10 A principal contractor shall not be obliged
to enter into contracts of carriage with a contract carrier who proposes to use
a vehicle, which is not in accordance with the specification of the principal
contractor as to class of vehicle.
14.11 Where there arises any question, dispute or
difficulty between the principal contractor and the contract carrier with
regard to the provisions contained in this clause, the provisions of clause 9 -
Disputes Procedure, shall apply.
15. EXCLUSIVE HIRE
15.1 Where the contract carrier is performing
work on exclusive hire, the contract carrier shall be paid as a minimum the
hourly rate provided for in Schedule I, plus 4.5% for the relevant class of
vehicle. Subject to subclauses 15.2 and
15.3 the relevant rate shall be paid as a minimum for all time between the
commencement of work on exclusive hire until the completion of such work,
whether or not during that period the contract carrier is actually carrying
goods on the vehicle (i.e. "continuous hire"). For the purposes of this clause, time shall
be calculated to the next quarter of an hour.
15.2 Wherever a contract carrier is performing
work under exclusive hire, the contract carrier shall be paid for at least one
hour’s work, irrespective of whether this time was actually worked.
15.3 The application of the safety net to
contract carriers engaged on exclusive hire is subject to clause 12.2.4.
16. INDUCTION TRAINING
16.1 Prior to, or at any stage up to 14 days after
the date that the contract carrier first performs work for the principal
contractor within clause 2 of this determination, the principal contractor
shall train the contract carrier in:
16.1.1 occupational health and safety;
16.1.2 vocational skills;
16.1.3 other professional training; and
16.1.4 industrial rights.
Provided that a contract carrier
who has previously undertaken an approved course pursuant to subclause 16.2 or
16.3 shall not be required to undertake a further induction course.
16.2 Subject to subclause 16.3 such course
shall be the Certificate I in Transport and Distribution (Road Transport) and
shall be conducted by DECA or other equivalent training provider. The training in industrial rights shall
include, but not be limited to viewing the training video, which is entitled
"Industrial Rights of NSW Couriers and Principal Contractors". The principal contractor shall pay for the
expense of the course with respect to sub-clauses 16.1.1 to 16.1.3, provided
that the contract carrier is responsible for paying the training provider for
any additional expense with respect to their training in industrial rights
pursuant to sub-clause 16.1.4, up to a maximum amount of $30.00.
16.3 A principal contractor may elect to use an
enterprise specific induction training course and in such case shall be
exempted from all the provisions in Clause 16 provided that:
16.3.1 the course covers all matters contained in
subclause 16.1. Further, the conditions
of the proposed induction course shall, in all aspects, be no less than the
induction-training course provided for in subclause 16.2;
16.3.2 the principal contractor shall forward by
certified mail a copy of the proposed induction course to the union; and
16.3.3 the principal contractor shall be exempted
from clause 16.2 twenty one (21) days after complying with clause 16.3.1;
16.3.4 within the 21 day period referred to in
clause 16.3.3 the union may notify the principal contractor of any aspect of
the training course that it considers does not meet the requirements of clause
16.1. Where such notification is given,
the union and the principal contractor shall confer in an effort to resolve
their different views.
16.4 Disagreements about the operation of this
clause may be referred to the Transport Industry - Courier and Taxi Truck
Industrial Committee or progressed in accordance with Clause 9 - Disputes
Procedure of this Determination.
16.5 For the
purposes of this clause the following definitions apply, in addition to Clause
1:
"DECA" means the Driver
Education Centre of Australia.
"The training video"
refers to the multi-media production entitled "Industrial Rights of NSW
Couriers and Principal Contractors" (as varied from time to time) the
intellectual property rights of which are owned by the Union and developed by
Summerhill Media on behalf of the Union.
17. LEAVE RESERVED
17.1 Leave is reserved to any party to apply in
relation to a costing model and a formula to vary the rates of remuneration.
17.2 Leave is reserved to the Transport Workers
Union to make application in relation to the following assumptions pertaining
to the rates of remuneration:
·
The application of a 38 hour week divisor to the safety
net;
·
Hours worked and kilometres travelled each day;
·
The minimum rates of remuneration for exclusive hire
and the method for adjustment of those rates;
·
Administrative Overhead Costs borne by the contract
carrier.
17.3
Leave is reserved to Principal Contractors to make application
in relation to:
·
private usage of motor vehicles;
·
fleet discounting.
18. SAVINGS CLAUSE
Nothing in this Determination shall be construed so as to
require the reduction, or alteration, of more advantageous rates or methods of
remuneration, or conditions of engagement, to which a contract carrier may be entitled
under an existing agreement with a principal contractor. Nothing in this clause, of itself, shall
continue in operation any previous rates of methods of remuneration, or
conditions of engagement.
PART B
Notes
1. In this
part:
·
"Rate A", where it appears refers to the rate
of pay payable effective from the beginning of the first accounting period
observed by the principal contractor to commence on or 1 November 2000;
·
"Rate B", where it appears refers to the rate
of pay payable effective from the beginning of the first accounting period
observed by the principal contractor to commence on or after 1 September 2001;
and
·
"Rate C", where it appears refers to the rate
of pay payable effective from the beginning of the first accounting period
observed by the principal contractor to commence on or after 1 November 2002.
2. Rates of remuneration payable to
carriers pursuant to clauses 12.
Remuneration and 15. Exclusive
Hire of Part A of this determination together with the rates prescribed in schedules
I, II and III of Part B shall be exclusive of GST. A separate amount equal to 10% of the value of the remuneration
payable shall be paid by the principal contractor to the carrier if GST applies
to the contracts of carriage ['the GST amount']. The GST amount shall not be construed as an increase in the rates
of remuneration. The total fee payable
to the contract carrier by the principal contractor pursuant to contracts of
carriage shall be the sum of the remuneration payable and the GST Amount.
Schedule I
Contract Carriers - Courier and Taxi Truck Vehicles
- Safety Net for Carriers - Clause 12
|
Class of Vehicle
|
Minimum Safety Net Payment Rate Per Hour
|
|
|
Rate A
|
Rate B
|
Rate C
|
|
Bicycles
|
$14.50
|
$15.25
|
$16.00
|
|
Motor Cycles
|
$18.25
|
$19.15
|
$20.00
|
|
Passenger Motor Vehicles (Hatchbacks, Station
|
$20.50
|
$21.45
|
$22.45
|
|
Wagons and Sedans) up to 750 kg carrying capacity
|
|
|
|
|
Motor cars, vans, utilities, trucks and other rigid
|
|
|
|
|
vehicles at -
|
|
|
|
|
Carrying capacity:
|
|
|
|
|
Up to 1.5 tonne
|
$21.00
|
$22.00
|
$23.00
|
|
Over 1.5 and up to 3 tonnes
|
$22.05
|
$23.10
|
$24.15
|
|
Over 3 and up to 4.5 tonnes
|
$25.20
|
$26.40
|
$27.60
|
|
|
|
|
|
Schedule II
Probationary Contract Carriers - Safety Net - Clause 12(2)(b)(v)
|
Class of Vehicle
|
Minimum Safety Net Payment Rate Per Hour
|
|
|
Rate A
|
Rate B
|
Rate C
|
|
Bicycles
|
13.50
|
14.25
|
15.00
|
|
Motor Cycles
|
18.00
|
18.50
|
19.00
|
|
All other vehicles up to and including 3 tonnes carrying
capacity
|
20.20
|
20.75
|
21.50
|
Schedule III
Optional Unit Rates as per Clause 12.1.2
|
Class of Contract
of
|
Flag Fall
|
Per Additional Call
|
Excess Time per 5
|
Km Rate per
|
|
Carriage
|
|
|
mins
|
km
|
|
Adopted Unit Rate
|
|
|
|
|
|
"Rate A"
|
Number of Units
|
|
= 22.0 cents
|
|
|
"Rate B"
|
|
|
= 22.5 cents
|
|
|
"Rate C"
|
|
|
= 23.5 cents
|
|
|
1. Standard
Service
|
|
|
After 10 mins
|
Min 2 kms = 4 units
|
|
(a) Documents up to 2 kgs
|
|
|
|
|
|
carried by
|
|
|
|
|
|
Bicycle
|
13
|
13
|
5
|
1
|
|
Motorcycle
|
|
14
|
7
|
2
|
|
City of Sydney
|
14
|
|
|
|
|
Other suburbs
|
12
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
14
|
7
|
2
|
|
Up to 25kgs-
|
|
|
|
|
|
City of Sydney
|
16
|
|
|
|
|
Other suburbs
|
14
|
14
|
7
|
2
|
|
Above 25kgs-
|
|
|
|
|
|
26 - 50kgs
|
20
|
|
|
|
|
51 - 75kgs
|
24
|
|
|
|
|
76 - 100kgs
|
28
|
|
|
|
|
101 - 125kgs
|
32
|
|
|
|
|
126 - 250 kgs
|
36
|
|
|
|
|
(c) Taxi Trucks (1)-
|
|
14
|
7
|
2
|
|
251 - 500kgs
|
65
|
|
|
|
|
501 - 1000kgs
|
70
|
|
|
|
|
1001 - 1500kg
|
80
|
|
|
|
|
1501 - 2000kg
|
90
|
|
|
|
|
(d) Taxi Trucks (2)-
|
|
14
|
7
|
3
|
|
2001 - 4000kg
|
140
|
|
|
|
|
4001 - 4500kg
|
190
|
|
|
|
|
2. Express
/Priority /VIP
|
|
|
After 10 mins
|
Min 2 kms = 8
|
|
Service
|
|
|
|
units
|
|
(a) Documents
up to
|
|
|
|
|
|
2kgs carried by
|
|
|
|
|
|
bicycle
|
26
|
13
|
5
|
2
|
|
motorcycle -
|
|
14
|
7
|
4
|
|
Other suburbs
|
24
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs
|
|
|
|
|
|
City of Sydney
|
32
|
14
|
7
|
4
|
|
Other suburbs
|
28
|
14
|
7
|
4
|
|
Above 25kgs
|
|
|
|
|
|
26 - 50 kgs
|
34
|
|
|
|
|
51 - 75 kgs
|
38
|
|
|
|
|
76 - 100 kgs
|
42
|
|
|
|
|
101 - 125 kgs
|
46
|
|
|
|
|
126 - 250 kgs
|
50
|
|
|
|
|
|
|
|
|
|
|
|
B HOURLY
AND/OR RUN HIRE
1. Subject to sub-clause 4. hereunder where
the contract carrier is performing work while on hourly hire or performing run
work, the contract carrier shall be paid an hourly rate equal to the rate
provided for in Schedule I for the equivalent class of vehicle. This rate shall be paid for all time between
the commencement of work on hourly hire or whilst performing run work until the
completion of such work, whether or not during that period the contract carrier
is actually carrying goods on the vehicle (i.e. "continuous hire"). For the purposes of this clause, time shall
be calculated to the next quarter of an hour.
2. Whenever a contract carrier is
performing work pursuant to subclause (a) of this clause, he/she shall be paid
for at least one (1) hour’s work, irrespective of whether this time was
actually worked.
3. Whenever a contract carrier performs
work pursuant to subclause (i) of this clause any additional "ad hoc"
work shall be paid at full Schedule II rates.
4. Where a contract carriers is performing
work on an exclusive hire basis, the carrier shall be paid in accordance with
clause 15 of this determination.
Dollar Conversion of the Schedule III
RATE "A"
(On and from 1 November 2000)
|
Class of Contract of Carriage
|
Flag Fall
|
Per Additional Call
|
Excess Time per 5 Minutes
|
Km Rate per km
|
|
Adopted Unit Rate
|
|
|
Rate "A"
|
Dollar Conversion
|
|
= 22.0 cents
|
|
|
1. Standard
Service
|
|
|
After 10 Minutes
|
Min 2 kms = 4
|
|
|
$
|
$
|
$
|
units.
|
|
(a) Documents up to 2 kgs
|
|
|
|
|
|
carried by
|
|
|
|
|
|
Bicycle
|
2.86
|
2.86
|
1.10
|
0.22
|
|
Motorcycle
|
|
3.08
|
1.54
|
0.44
|
|
City of Sydney
|
3.08
|
|
|
|
|
Other suburbs
|
2.64
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs-
|
|
3.08
|
1.54
|
0.44
|
|
City of Sydney
|
3.52
|
|
|
|
|
Other suburbs
|
3.08
|
|
|
|
|
Above 25kgs-
|
|
3.08
|
1.54
|
0.44
|
|
26 - 50kgs
|
4.40
|
|
|
|
|
51 - 75kgs
|
5.28
|
|
|
|
|
76 - 100kgs
|
6.16
|
|
|
|
|
101 - 125kgs
|
7.04
|
|
|
|
|
126 - 250 kgs
|
7.92
|
|
|
|
|
|
|
|
After 30 Minutes
|
|
|
(c) Taxi Trucks (1)-
|
|
3.08
|
1.54
|
0.44
|
|
251 - 500kgs
|
14.30
|
|
|
|
|
501 - 1000kgs
|
15.40
|
|
|
|
|
1001 - 1500kg
|
17.60
|
|
|
|
|
1501 - 2000kg
|
19.80
|
|
|
|
|
(d) Taxi Trucks (2)-
|
|
3.08
|
1.54
|
0.66
|
|
2001 - 4000kg
|
30.80
|
|
|
|
|
4001 - 4500kg
|
41.80
|
|
|
|
|
2. Express
/Priority /VIP
|
|
|
After 10 Minutes
|
Min 2 kms = 8
|
|
Service
|
|
|
|
units
|
|
(a) Documents
up to
|
|
|
|
|
|
2kgs carried by
|
|
|
|
|
|
bicycle
|
5.72
|
2.86
|
1.10
|
0.44
|
|
motorcycle -
|
|
3.08
|
1.54
|
0.88
|
|
City of Sydney
|
6.16
|
|
|
|
|
Other suburbs
|
5.28
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs
|
|
3.08
|
1.54
|
0.88
|
|
City of Sydney
|
7.04
|
|
|
|
|
Other suburbs
|
6.16
|
|
|
|
|
Above 25kgs
|
|
3.08
|
1.54
|
0.88
|
|
26 - 50 kgs
|
7.48
|
|
|
|
|
51 - 75 kgs
|
8.36
|
|
|
|
|
76 - 100 kgs
|
9.24
|
|
|
|
|
101 - 125 kgs
|
10.12
|
|
|
|
|
126 - 250 kgs
|
11.00
|
|
|
|
|
|
|
|
|
|
|
Rate "B"
(on and from 1 September 2001)
|
Class of Contract of Carriage
|
Flag Fall
|
Per Additional Call
|
Excess Time per 5 Minutes
|
Km Rate per km
|
|
Adopted Unit Rate
|
|
|
"Rate B"
|
Dollar Conversion
|
|
= 22.5 cents
|
|
|
1. Standard
Service
|
|
|
After 10 Minutes
|
Min 2 kms = 4
|
|
|
$
|
$
|
$
|
units.
|
|
(a) Documents up to 2 kgs carried by
|
|
|
|
|
|
Bicycle
|
2.93
|
2.93
|
1.13
|
0.23
|
|
Motorcycle
|
|
3.15
|
1.58
|
0.45
|
|
City of Sydney
|
3.15
|
|
|
|
|
Other suburbs
|
2.70
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs-
|
|
3.15
|
1.58
|
0.45
|
|
City of Sydney
|
3.60
|
|
|
|
|
Other suburbs
|
3.15
|
|
|
|
|
Above 25kgs-
|
|
3.15
|
1.58
|
0.45
|
|
26 - 50kgs
|
4.50
|
|
|
|
|
51 - 75kgs
|
5.40
|
|
|
|
|
76 - 100kgs
|
6.30
|
|
|
|
|
101 - 125kgs
|
7.20
|
|
|
|
|
126 - 250 kgs
|
8.10
|
|
|
|
|
|
|
|
After 30 Minutes
|
|
|
(c) Taxi Trucks (1)-
|
|
3.15
|
1.58
|
0.45
|
|
251 - 500kgs
|
14.63
|
|
|
|
|
501 - 1000kgs
|
15.75
|
|
|
|
|
1001 - 1500kg
|
18.00
|
|
|
|
|
1501 - 2000kg
|
20.25
|
|
|
|
|
(d) Taxi Trucks (2)-
|
|
3.15
|
1.58
|
0.68
|
|
2001 - 4000kg
|
31.50
|
|
|
|
|
4001 - 4500kg
|
42.75
|
|
|
|
|
2. Express
/Priority /VIP Service
|
|
|
After 10 Minutes
|
Min 2 kms = 8 units
|
|
(a) Documents
up to
|
|
|
|
|
|
2kgs carried by
|
|
|
|
|
|
bicycle
|
5.85
|
2.93
|
1.13
|
0.45
|
|
motorcycle -
|
|
3.15
|
1.58
|
0.90
|
|
City of Sydney
|
6.30
|
|
|
|
|
Other suburbs
|
5.40
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs
|
|
3.15
|
1.58
|
0.90
|
|
City of Sydney
|
7.20
|
|
|
|
|
Other suburbs
|
6.30
|
|
|
|
|
Above 25kgs
|
|
3.15
|
1.58
|
0.90
|
|
26 - 50 kgs
|
7.65
|
|
|
|
|
51 - 75 kgs
|
8.55
|
|
|
|
|
76 - 100 kgs
|
9.45
|
|
|
|
|
101 - 125 kgs
|
10.35
|
|
|
|
|
126 - 250 kgs
|
11.25
|
|
|
|
|
|
|
|
|
|
|
|
Rate C
(on and from 1 November 2002)
|
Class of Contract of Carriage
|
Flag Fall
|
Per Additional Call
|
Excess Time per 5 Minutes
|
Km Rate per km
|
|
Adopted Unit Rate
"Rate C"
= 23.5 cents
|
Dollar Conversion
|
|
1. Standard
Service
|
|
|
After 10 Minutes
|
Min 2 kms = 4
|
|
|
$
|
$
|
$
|
units.
|
|
(a) Documents up to 2 kgs
|
|
|
|
|
|
carried by
|
|
|
|
|
|
Bicycle
|
3.06
|
3.06
|
1.18
|
0.235
|
|
Motorcycle
|
|
3.29
|
1.65
|
0.47
|
|
City of Sydney
|
3.29
|
|
|
|
|
Other suburbs
|
2.82
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs-
|
|
3.29
|
1.65
|
0.47
|
|
City of Sydney
|
3.76
|
|
|
|
|
Other suburbs
|
3.29
|
|
|
|
|
Above 25kgs-
|
|
3.29
|
1.65
|
0.47
|
|
26 - 50kgs
|
4.70
|
|
|
|
|
51 - 75kgs
|
5.64
|
|
|
|
|
76 - 100kgs
|
6.58
|
|
|
|
|
101 - 125kgs
|
7.52
|
|
|
|
|
126 - 250 kgs
|
8.46
|
|
|
|
|
|
|
|
After 30 Minutes
|
|
|
(c) Taxi Trucks (1)-
|
|
3.29
|
1.65
|
0.47
|
|
251 - 500kgs
|
15.28
|
|
|
|
|
501 - 1000kgs
|
16.45
|
|
|
|
|
1001 - 1500kg
|
18.80
|
|
|
|
|
1501 - 2000kg
|
21.15
|
|
|
|
|
(d) Taxi Trucks (2)-
|
|
3.29
|
1.65
|
0.71
|
|
2001 - 4000kg
|
32.90
|
|
|
|
|
4001 - 4500kg
|
44.65
|
|
|
|
|
2. Express /Priority
/VIP
|
|
|
After 10 Minutes
|
Min 2 kms = 8
|
|
Service
|
|
|
|
units
|
|
(a) Documents
up to
|
|
|
|
|
|
2kgs carried by
|
|
|
|
|
|
Bicycle
|
6.11
|
3.06
|
1.18
|
0.47
|
|
Motorcycle -
|
|
3.29
|
1.65
|
0.94
|
|
City of Sydney
|
6.58
|
|
|
|
|
Other suburbs
|
5.64
|
|
|
|
|
(b) Other documents &
|
|
|
|
|
|
small parcels
|
|
|
|
|
|
Up to 25kgs
|
|
3.29
|
1.65
|
0.94
|
|
City of Sydney
|
7.52
|
|
|
|
|
Other suburbs
|
6.58
|
|
|
|
|
Above 25kgs
|
|
3.29
|
1.65
|
0.94
|
|
26 - 50 kgs
|
7.99
|
|
|
|
|
51 - 75 kgs
|
8.93
|
|
|
|
|
76 - 100 kgs
|
9.87
|
|
|
|
|
101 - 125 kgs
|
10.81
|
|
|
|
|
126 - 250 kgs
|
11.75
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Schedule IV
Procedure and Time for Adjustment of Rates and Amounts
[Note: Leave is
reserved to insert a Procedure and time for Adjustment of Rates and Amounts]
Schedule V
The principal contractor shall maintain the records required
by clause 10 in the following forms:
A. Contract
Carrier Details and Daily Records
Table (i)
|
Date:
|
Personal Name :
Business Name :
|
Fleet
No.:
|
|
|
Vehicle
Type :
|
Model :
|
Registration
No. :
|
Carrying
Capacity :
|
|
|
Job No. or Code
|
Service Code
|
From
|
To
|
Km
|
Additional Contract Details (cl. 10(i)(h)
|
Fee $
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Safety Net/Probationary Hours
|
|
Safety Net Hours
Start Time =
|
Safety Net Hours
Finish Time =
|
Total Safety
Net Hours =
|
|
Starting time
of break =
|
Finishing time
of break =
|
Total Time Spent
on Breaks =
|
|
Exclusive Hire Hours
|
|
Start Time =
|
Finish time =
|
Total time between engagements =
|
Total Exclusive Hire Hours =
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|