TRANSPORT INDUSTRY - QUARRIED MATERIALS, &C., CARRIERS CONTRACT DETERMINATION

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Transport Workers' Union of Australia, New South Wales Branch, an association of contract  carriers.

 

(No. IRC 3871 of 2001)

 

 

VARIATION

 

1.          Delete subclauses (vi), (vii) and (viii) of clause 2, Cartage Rates, of the determination published 14 August 1992 (271 I.G. 78), as varied, and insert in lieu thereof the following:

 

(vi)       Where:

 

(a)        a carrier performs a contract of carriage within the area, incidence and duration of this determination; and

 

(b)        the carrier is eligible to claim a rebate pursuant to the Commonwealth Government's Diesel and Alternative Fuel Grant Scheme ("the scheme") for that contract of carriage; and

 

(c)        the carrier has been requested to apply for the rebate pursuant to the scheme by the principal contractor;

 

the principal contractor may reduce the cartage rates payable in Annexure "A" of this determination up to a maximum reduction of 4.35% of the rate otherwise payable to the carrier for the performance of that contract of carriage.

 

(vii)      Should a carrier become ineligible to claim a rebate pursuant to the scheme or the scheme is abolished then the principal contractor shall not be permitted to reduce the cartage rates pursuant to subclause 2(vi).

 

(viii)     Should the scheme be abolished, altered or modified, leave is reserved to the parties to make application in relation to subclauses 2(vi) and (vii).

 

2.          Delete Schedule 1 - Quantity/Distance and Hourly Hire Rates, of Annexure "A", Cartage Rates, and insert in lieu thereof the following:

 

SCHEDULE 1 - QUANTITY/DISTANCE AND HOURLY HIRE RATES

 

 

3.          Delete Schedule 1: Procedures, Schedule 2: Cost Component Formula, and Schedule 3, Benchmarks, of Annexure "B", Rise and Fall Formula, and insert in lieu thereof the following:

 

SCHEDULE 1:  PROCEDURES

 

1.          Variations to the rates detailed in Annexure "A" shall be made by the Industrial Relations Commission of New South Wales upon application.

 

2.          Variations shall be established by ascertaining the percentage change in the various cost components contained at Schedule 3, Benchmarks from the time the last variation of the rates was calculated to no earlier than 1 June each year.

 

2.1.       If for any reason a relevant figure is not available from the ABS the latest available figure is to be taken and the figure calculated on the basis that the percentage increase will be the same as for the previously available figure.  Adjustment will be made when figures are next determined for the difference between the actual published ABS figure and the figure used as calculated above.

 

2.2.       The latest available figures for each component will then be expressed as a percentage increase of the figure last used for that component in the previous rise and fall calculation.

 

2.3.       The Percentage Increase/Decrease calculated for each component is then to be applied to the percentage of total cost of that component to drive the new percentage of Total Cost figure.

 

2.4.       The sum of the new percentage of Total Cost figures minus 100% shall be the Percentage Increase to apply.  All costs are to be the latest available from the source reference as at 1 June.  All rates for symbols F.F and A through to I are to be expressed to 3 decimal points.  When preparing schedules of rates payable per unit quantity for various distances, the rates for flag fall and the distance are to be calculated each using 3 decimal points and the final figure from the addition of the flag fall and the "distance" amount then rounded to two decimal points.  When calculating rates per cubic metre, the final figure per tonne to 3 decimal points from the addition of the flag fall and the distance is to be multiplied by the relevant conversion factor, and the resultant figure then rounded to two decimal points to obtain the rate per cubic metre.

 

2.5.       Following each application of the formula, the cost components shall be re-weighted to indicate the new percentage.

 

2.6.       If the non labour cost components increase between adjustments to the extent that it causes an increase to the total rate of 2 percent or more, then an interim adjustment to the rates may be applied for and made.

 

2.          The resulting percentage change shall be applied to all rates in Schedule 1 of Annexure "A" hereto.

 

3.          A variation to the rates shall not be retrospective in operation.

 

4.          The variation to the rates shall be effective from the date determined by the Industrial Relations Commission (such date should not be before 1 July each year), provided that principal contractors have sufficient time to give appropriate notice to their customers.

 

5.          The parties shall confer with a view to reaching agreement on any application for adjustment to the rates.

 

SCHEDULE 2:  COST COMPONENT FORMULA

 

Cost Component as at 1 June 2001	Percentage of Cost
Wages Including Maintenance Labour	33.71
Fuel and Oil	19.44
Repair Parts	12.15
Tyres	4.00
Depreciation	13.00
Registration	2.26
Other Fixed Costs	15.44
Total	100.00

 

SCHEDULE 3:  BENCHMARKS

 

Component	Benchmark	Confirmed base at 1.6.01	Source of figures to be used
Labour	Transport Industry - Quarried Materials State Award - Grade 2, Vehicle Class 3, Certified	$503.50	NSW Industrial Gazette, or if latest rate not gazetted the latest Order of the Industrial Relations Commission of New South Wales
Fuel	Shell Australia Terminal Price, per litre of Distillate for Sydney, excluding GST	85.62 (94.18 cents per litre less 1/11th GST)	Shell Australia's Internet home page at www.shell.com.au/oneshell/au/tgp/bc_tgp_prices.html
Repair Parts	ABS Consumer Price Index (CPI), Transportation Group, Private Motoring Motor Vehicle repair and servicing	126.9	Australian Bureau of Statistics Consumer Price Index Series 6401.0 March Quarter 2001
Tyres	ABS Consumer Price Index (CPI), Transportation Group, Private Motoring Motor vehicle parts and accessories	105.0	Australian Bureau of Statistics Consumer Price Index Series 6401.0 March Quarter 2001
Depreciation	ABS, Consumer Price Index (CPI), Transportation Group, Private Motoring Motor Vehicles	103.5	Australian Bureau of Statistics Consumer Price Index Series 6401.0 March Quarter 2001
Registration	Registration and Green Slip Insurance Cost (no excess cost) of a 3 axle truck, working and garaged in the Sydney Metropolitan Area with a tare weight of 10 tonnes and a registered GVM of greater than 16 tonne	$2,946.36 (Registration $842 + 2,399 Green Slip = $3,241 less 1/11th GST)	Roads and Traffic Authority (Registration) and GIO Insurance (Green Slip)
Other Fixed Costs	ABS Consumer Price Index (CPI); Sydney All Groups	134.0	Australian Bureau of Statistics Consumer Price Index Series 6401.0 March Quarter 2001

 

4.          This variation shall take effect from the first full pay period to commence on or after 19 July 2001.

 

 

 

 

P. J. CONNOR, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.