TRANSPORT INDUSTRY WASTE COLLECTION AND RECYCLING CONTRACT DETERMINATION
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport
Workers' Union of Australia, New South Wales Branch, Association of Contract Carriers.
(No. IRC 2135 of 1998)
|
Before Commissioner
Connor
|
9 May 2002
|
AWARD
Arrangement
PART
A
Clause No. Subject Matter
1. Definitions
2. Annual
Leave
3. Uniforms
4. Lunch
Break
5. Obligations
of the Contract Carrier
6. Obligations
of the Principle Contractor
7. Selling
of Vehicles
8. Corporations
and Partnerships
9. Disputes
Procedure
10. Savings
Clause
11. Remuneration
12. General
13. Induction
Training
14. Area,
Incidence and Duration
15. Leave
Reserved
PART B
Table 1 - Hourly Rate
Table 2 - Garbage Compacter Allowance
Table 3 - Excess Kilometre Rate
PART C
Procedure and Time for Adjustment of Rates and Allowances
PART A
1. Definitions
In this Contract Determination unless the subject matter or
context otherwise indicates or requires:
"Contract of carriage" has the meaning given
to that expression by the Industrial
Relations Act 1996 ("the Act").
"Carrier" means a natural person, partnership
or body corporate that enters into a contract of carriage, as defined in
Section 309(1) of the Act.
"Contract Carrier" has the same meaning as
"Carrier".
"DECA" means DECA Training, a registered
training organisation and includes TETA (Transport Education and Training
Australia).
"Delegate" means union delegate of Contract
Carriers based at a depot and includes co-delegate.
"Excess kilometres" shall mean all kilometres
over and above 100.
"Motor Vehicle" has the same meaning as in
the Traffic Act 1909.
"Principal Contractor" means the person for
whom the Carrier under a contract of carriage agrees to transport goods to
which the contract relates, as defined in Section 310 of the Act.
"Starting place" in its application to a
Contract Carrier means the place at which the Contract Carrier is instructed by
the Principal Contractor to report ready to commence work.
"The Act" means the Industrial Relations Act 1996
"Union" means the Transport Workers' Union of
Australia, New South Wales Branch.
"Vehicle" means a vehicle used by a Contract
Carrier for the purpose of a contract of carriage.
Words importing the singular number shall include the plural
number and words importing the plural number shall include the singular number.
Words importing the masculine gender shall include females
and words importing persons shall include corporations.
2. Annual Leave
A Contract Carrier who regularly performs contracts of
carriage for a Principal Contractor shall be entitled to four weeks' annual
leave without payment (such payment being provided for in the schedules of
rates of remuneration attached hereto) which shall fall due each year on the
anniversary of the beginning of the first contract of carriage entered into by
the Contract Carrier with the Principal Contractor before or after the date of
commencement of this determination. Such leave shall be taken by the Contract
Carrier within 6 months of the leave falling due (or within such extended time
as the Contract Carrier and the Principal Contractor may agree) and at a time
mutually convenient to the Contract Carrier and the Principal Contractor and if
the leave is not taken within the time provided for in this clause, the
entitlement to the leave shall lapse.
3. Uniforms
If the approved driver of the vehicle is required by the
Principal Contractor to wear a special uniform when undertaking work for the
Principal Contractor, the uniform shall be supplied by the Principal Contractor
at no cost to the Contract Carrier. The uniform shall remain the property of
the Principal Contractor and an item forming part of the uniform shall be
replaced by the Principal Contractor when required by fair wear and tear;
provided that should loss or damage to an item forming part of tho uniform
occur due to the negligence of the Contract Carrier, the item shall be repaired
or replaced by the Contract Carrier at his cost. Where a uniform is so
provided, the Contract Carrier shall ensure that it is worn by the approved
driver at all times while undertaking work for the Principal Contractor.
4. Lunch Break
Each Contract Carrier shall be entitled to take a half hour
lunch break on each day that the Carrier is performing work of more than four
hours in duration for a Principal Contractor.
5. Obligations of the
Contract Carrier
The Contract Carrier shall:
(l) Undertake
work as directed by the Principal Contractor.
(2) 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.
(3) Pay all legal
costs, such as tax and duty, payable in respect of the vehicle and keep the
vehicle in a mechanically sound, road-worthy and clean condition.
(4) Carry waste
and recycling material as the Principal Contractor shall specify from time to
time.
(5) Hold at all
times and on request produce for the inspection of the Principal Contractor a
current driver's licence appropriately endorsed or issued in respect of a motor
vehicle of the class of the Contract Carrier's vehicle and immediately notify
the Principle Contractor if the licence is suspended or cancelled.
(6) Supply at the
request of the Principal Contractor, notice of any encumbrances, liens or bills
of sale affecting the vehicle of the Contract Carrier.
(7)
(a) Not engage or
allow any person to drive his vehicle other than the approved driver when he is
performing work for the Principal Contractor unless the approved driver is
unable to perform work for a period of more than one week for any reason other
than annual leave. It will then be the responsibility of the Contract Carrier
to arrange for the services of a driver to operate his vehicle for a period not
to exceed three months from the date of commencement of the disability. If the
disability continues beyond a period of three months, the Contract Carrier,
after review by the Principal Contractor, may be terminated.
(b) Not engage or
use the services of a driver for his vehicle, other than the approved driver
without prior approval from the Principal Contractor. The 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 a Contract Carrier's vehicle.
(8) If the approved
driver is not the driver of the vehicle, ensure that the driver complies with
those provisions of this determination which are appropriate to be complied
with by the driver and ensure that the driver does not commit misconduct.
(9) Report to the
Principal Contractor non-attendance at the starting place by normal starting
time on each of the days on which he may be required to undertake work and is
unable to attend.
(10) Advise the
Principal Contractor as early as possible of any commitments affecting his
ability to perform work.
(11) Not cease
performing work on any day without notifying the operations supervisor of the
Principal Contractor in person, by two-way radio or by telephone.
(12) Ensure the
driver of the vehicle is of neat appearance.
(13) Maintain
contact with the Principal Contractor by radio if installed in the vehicle and
immediately inform the Principal Contractor when a radio unit installed in the
vehicle requires servicing or repair.
(14) Inform the
Principal Contractor immediately if he is unable to effect collection and
disposal of waste and recycable materials.
(15) Ensure that all
driver's work sheets and any other document reasonably required by the
Principal Contractor are correctly completed and given to the Principal
Contractor .
(16) At the
completion of each day's work, each Contract Carrier shall hand in all
worksheets. Contract Carriers who fail to do so shall not be paid for work
detained on such worksheets unless:
(a) such action
was agreed by the Principal Contractor; or
(b) illness
precluded tho Contract Carrier from returning to the terminal.
(17)
(a) Obtain and
maintain a public liability insurance policy for an amount of $5,000,000 in
respect of any liability incurred by the Contract Carrier in the performance of
work for the Principal Contractor.
(b) Obtain and
maintain a comprehensive motor insurance policy over the vehicle including
cover for an amount of $10,000,000 for third party property damage in respect
of any one accident.
(c) Whenever the
driver of the vehicle is or is deemed to be for the purpose of the Workers'
Compensation Act an employee of the Contract Carrier, take out and maintain at
all times a workers' compensation insurance policy to cover the driver with an
extension unlimited in amount indemnifying the Contract Carrier and the
Principal Contractor against their respective liabilities at common law to the
driver.
(d) Produce for
inspection by the Principal Contractor a copy of all insurance policies
required to be effected by the Contract Carrier under this determination and
receipts for current premiums.
(e) Ensure that
each such policy includes an indemnity of the Principal Contractor for any
action of the Contract Carrier to which the policy applies.
(18) Immediately
report any accident to the operations staff of the Principal Contractor and
attend to any legal requirements at the scene of the accident.
(19) Observe the
necessity for civility to the Principal Contractor's customers.
(20) Not make
alterations to equipment of the Principal- Contractor without the, consent of
the Principal Contractor.
(21) Upon
termination, promptly return to the Principal Contractor all equipment and
signs supplied by the Principal Contractor.
(22) Carry out any
instructions of the Principal Contractor as to the order in which he picks up
waste and disposes of such.
6. Obligations of the
Principal Contractor
The Principal Contractor shall:
(1) Arrange
whenever practicable for a representative of the Principal Contractor to attend
accidents involving substantial load or equipment damage or personal injury.
(2) At his option
supply and fit to the vehicle of a Contract Carrier a mobile radio or phone at
the Principal Contractor's expense. Maintenance and repairs to the radio will
be the responsibility of the Principal Contractor except where repairs are due
to negligence of the Contract Carrier or caused by water leaking into the
vehicle. In such case, the cost of repair shall be paid by the Contract Carrier
to the Principal Contractor or borne by the Contract Carrier by way of
adjustment to the remuneration of the Contract Carrier. Where the Contract
Carrier changes his vehicle prior to the completion of twelve months'
continuous work for the Principal Contractor, the cost of transferring the
radio shall be paid by the Contract Carrier to the Principal Contractor or
borne by the Contract Carrier by way of adjustment to the remuneration of the
Contract Carrier.
(3) At his option,
paint and sign write the Contract Carrier's vehicle in the Principal
Contractor's colours at the Principal Contractor's expense.
(4) At his option,
repaint the Contract Carrier's vehicle. The work shall be carried out by the
Principal Contractor's workshop or by outside contractors nominated by the
Principal Contractor.
(5) Pay the
Contract Carrier the remuneration due to him not later than the fifth day after
the close of the pay period observed by the Principal Contractor, which shall
not exceed two weeks' duration.
(6) Bear the cost
of removing all equipment and signs supplied by the Principal. Contractor and make good the affected areas
of the vehicle in the case of a Contract Carrier ceasing to perform work for
the Principal Contractor. Provided that this clause shall not apply where the
Contract Carrier has been terminated under subclause 21 of clause 5,
Obligations of the Contract Carrier, hereof, or where the Contract Carrier has
not completed a period of three continuous years of work for the Principal
Contractor.
(7) Specify the
starting place or places for a Contract Carrier with whom he enters into
contracts of carriage, unless otherwise agreed between the Principal Contractor
and the Contract Carrier.
(8) Wherever the
Contract Carrier is or is deemed to be for the purposes of the Workers'
Compensation Act a worker, take out and maintain at all times a worker's
workers' compensation insurance policy in respect of the Contract Carrier.
7. Selling of
Vehicles
No circumstances shall exist where a vehicle is sold with
work. No Contract Carrier shall be engaged to perform work that does not supply
a vehicle approved by the Principal Contractor or who, personally, is not
approved by the Principal Contractor.
8. Corporations and
Partnerships
When the Contract Carrier is a corporation or a partnership,
then for the purposes of this determination any act, default or misconduct by
any person performing work on behalf of the corporation or partnership under a
contract of carriage to which the corporation or partnership is a party shall
be deemed to be the act, default or misconduct of the Contract Carrier.
9. Disputes Procedure
In the event of a question, dispute or difficulty arising:
(a) The delegate
shall negotiate with the responsible manager of the Principal Contractor.
(b) If the
question, dispute or difficulty is not resolved, the union organiser shall take
the matter up with the Principal Contractor.
(c) If
negotiations are unsuccessful, the parties shall take the matter to the Industrial
Commission of New South Wales.
(d) At all times,
whilst these steps are being pursued, work shall continue normally.
10. Savings Clause
Nothing in this determination shall be construed so as to
require the reduction or alteration of more advantageous rates and conditions
to which a Contract Carrier may be entitled under an existing agreement with a
Principal Contractor.
11. Remuneration
(1)
(a) The Principal
Contractor shall pay a Contract Carrier remuneration for work performed pursuant
to this determination of an amount no less than the hourly rate of remuneration
for each hour or part thereof of work performed as set out in Table 1 of Part B
of this determination for the applicable vehicle configuration.
(b) Notwithstanding
anything contained in paragraph (a) of this subclause a principal contractor
may chose to pay a contract carrier remuneration based on a system of bin, unit
or other rates provided that over each pay period observed by the principal
contractor such a system does not result in the carrier receiving less
remuneration than the carrier would have received had the carrier been paid the
hourly rate prescribed in said paragraph (a).
(c) In the event
of any short fall occurring as between the system of remuneration chosen by the
principal contractor pursuant to paragraph (b) of this subclause and the hourly
rate prescribed in Table 1 the principal contractor shall pay the contract
carrier the shortfall at the same time as all other remuneration is due to be
paid, as per subclause (6) and (7) of this clause.
(2) The Principal
Contractor shall pay a Contract Carrier an excess kilometre rate of as set in
Table 3 of Part B of this determination for the applicable vehicle
configuration for every kilometre travelled above 100 kilometres travelled per
day between collection points, tips or transfer stations.
(3) A Contract
Carrier who, in order to perform a contract of carriage, is required to supply
and have installed onto the Carrier’s vehicle a garbage compactor shall be
reimbursed by the principal contractor for the expense incurred. Reimbursement shall calculated by averaging
the total cost involved in supplying and installing the garbage compactor over
the life of the head contract between the Principal Contractor and the relevant
Local Government Council. Reimbursement
shall in all cases be no less than the daily allowance contained in Table 2 of
Part B of this determination for the applicable vehicle configuration. Reimbursement shall be made for each day a
Carrier is engaged and paid at the same time as all other remuneration is due,
as per subclause (6) and (7) of this clause.
(4) If a Principal
Contractor requires the Contract Carrier to be incorporated the Contract
Carrier shall be reimbursed for all costs associated with incorporation and all
ongoing expenses associated with remaining a body corporate (such expenses
include but are not limited to Australian Securities Commission fees and
charges, Workers Compensation Insurance, Accounting and Administration fees).
(5) All tipping
fees incurred will be met by the Principal Contractor.
(6) If an offsider
or relief driver is employed by the Contract Carrier the Carrier shall pay such
employee wages as specified in the Transport Industry - Waste Collection and Recycling
(State) Award. In the case of the
employment of offsiders the Principal Contractor shall reimburse the Contract
Carrier for the expense of employment.
(7) It is
expressly noted that the rates of remuneration contained in Part B have
accounted, and include payment, for the following factors:
1. Wages based
on appropriate classification .as per the Transport Industry -Waste Collection
and Recycling (State) Award.
2. Overtime in
excess of 38 hours each week.
3. Annual Leave.
4. Long Service
Leave.
5. Public
Holidays.
6. Picnic Day.
7. Sick Leave.
8. Return on
capital invested.
9. Depreciation.
10. Lease Costs.
11. Registration
and compulsory third party insurance.
12. Comprehensive
insurance.
13. Public
liability insurance.
14. Personal
accident insurance.
15. Administrative
overheads.
16. Fuel.
17. Oil.
18. Tyres.
19. Repairs and
maintenance of the vehicle’s cabin and chassis.
20. Industry
specific allowances.
21. Association
membership.
12. General
(1) Subject to the
provisions contained in this clause 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. the
Principal Contractor also has the right to specify the vehicle age.
(2) 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 and age of the vehicle which he requires to be used by the Contract
Carrier in undertaking work for the Principal Contractor.
(3) 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 and age of the vehicle which he requires to be used
by the Contract Carrier in undertaking work for the Principal Contractor.
(4) 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
three month's notice that the vehicle is to be replaced.
(5) 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.
13. Induction
Training
(1) Prior to a new
contract carrier commencing work with a principal contractor the carrier shall be
trained in:
Occupational health and safety;
Vocational skills;
Other professional training; and
Industrial rights.
Provided that a carrier who has previously undertaken
an approved course pursuant to subclause (1) or (2) shall not be required to undertake
a further induction course.
(2) Such training
shall be by way of a six-hour induction course. Subject to subclause (3) such course shall be:
(a) paid for by
the principal contractor; and
(b) conducted by
DECA or other equivalent accredited training provider.
(3) Disagreements
about the operation of this clause may be referred to the Waste Industry -
Collection, Transportation, Recycling and Disposal (State) Industrial Committee
or progressed in accordance with Clause 9, Disputes Procedure.
14. Area, Incidence
and Duration
(1) This Contract
Determination shall apply in respect of contracts of carriage for the
collection and transportation by motor vehicle of domestic waste and domestic recycling
material of all descriptions within New South Wales, provided that it shall not
apply to contracts of carriage:
where the principal contractor is a body established
under the Local Government Act
(1993);
let by Wagga Wagga City Council until 31 March 2004;
let by Ashfield Municipal Council until 2 August 2005.
(2) This Contract
Determination shall be binding on all Principal Contractors and Contract
Carriers with respect to the performance of Contracts of Carriage of the Class
as contained in subclause (1)of this clause.
(3) This Contract
Determination shall take effect from the beginning of the first pay period to
commence on or after 9 May 2002 and shall remain in force for a period of 12
months.
15. Leave Reserved
(1) Leave is
reserved to the Union to make application with respect to compulsory
Superannuation payments by principal contractors on behalf of contract
carriers.
(2) Leave is
reserved to the Union to make application to provide that the principal
contractor shall pay for the repair and maintenance costs of the garbage
compactor body.
PART B
Table 1 - Hourly Rate
|
Vehicle
Configuration
|
Amount (per hour)
|
|
|
$
|
|
Single Drive Axle Rear Loading
|
55.36
|
|
Single Drive Axle Side Loading
|
55.94
|
|
Bogie Drive Axle Rear Loading
|
70.26
|
|
Bogie Drive Axle Side Loading
|
70.86
|
Table 2 - Garbage Compacter Allowance
|
Vehicle
Configuration
|
Amount (per day)
|
|
|
$
|
|
Single Drive Axle Rear Loading
|
57.60
|
|
Single Drive Axle Side Loading
|
75.70
|
|
Bogie Drive Axle Rear Loading
|
61.80
|
|
Bogie Drive Axle Side Loading
|
77.20
|
Table 3 - Excess Kilometre Rate
|
Vehicle
Configuration
|
Amount (per
kilometre)
|
|
|
$
|
|
Single Drive Vehicle
|
0.93
|
|
Bogie Drive Vehicle
|
1.15
|
PART C
Procedure and Time for Adjustment of Rates and Allowances
(1) The rates
prescribed in Part B may be adjusted with effect from 1 October each year upon
application to the Industrial Relations Commission on or after 1 July of each
year.
(2) The first
application for variation shall not be made prior to 1 July, 2003 and shall
take into account all movements in the relevant cost components since 1
November, 2001. All subsequent
adjustments in the rates shall be calculated from the date that preceding
review was calculated and shall take into account all movements in the cost
components since that date.
(3) Applications
for adjustment to the excess kilometre rate contained in subclause (2) of
Clause 11 shall be made by reference to movements in the ABS CPI, Transport
Group, Automotive Fuel category.
(4) Applications
for adjustment of the rates contained in Table 1 of Part B shall be made by
reference to movements in the following benchmarks for each cost component:
|
Labour
|
Average percentage increase
of Items 9 and 10 of Table 1, Part B of the.
|
|
|
Transport Industry -
Waste Collection and Recycling (State) Award
|
|
Capital
|
Average percentage
increase in the Cost of an International ACCO
|
|
|
(6x4).F2350G/250
Distributer (Jan 2002 price = $159000) and an
|
|
|
ACCO (4x2)1850G/210
Distributer (Jan 2002 price = $116000) as per
|
|
|
"the Redbook"
|
|
Insurances
|
ABS CPI, Miscellaneous
Group, Insurance Services
|
|
Registration
|
ABS CPI, Transportation
Group, Motoring Charges
|
|
Repairs and Maintenance
|
ABS CPI, Transportation
Group, Motor Vehicle Repairs and Servicing
|
|
Tyres
|
ABS CPI, Transportation
Group, Motor Vehicle Parts and Accessories
|
|
Fuel
|
ABS CPI, Transportation
Group, Automotive Fuel
|
|
Administration
|
ABS CPI, All Groups,
Sydney
|
(5) In the
calculation of adjustments pursuant to subclause (4) of this clause, each cost
component shall initially have the following weightings:
|
Labour
|
31.55
|
|
Capital
|
32.00
|
|
Registration
|
3.27
|
|
Insurance
|
11.36
|
|
Administration
|
1.82
|
|
Repairs and Maintenance
|
10.00
|
|
Tyres
|
1.82
|
|
Fuel
|
8.18
|
|
TOTAL
|
100
|
Each cost component shall be re-weighted after each
adjustment.
(6) If the benchmark
for the cost components of insurances, tyres, repairs and maintenance or fuel
increases between adjustments to the extent that it causes an increase to the
total hourly rates contained in Table 1 of Part B of 2% or more, then an
interim adjustment may be applied for.
(7) Applications
for adjustment to the Garbage Compactor Allowance in Table 2 of Part B shall be
made by reference to the percentage increase in the supply and installation of
such compactor bodies by MacDonald Johnston Engineering Company Pty Ltd.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.