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, industrial organisation of employees.

 

(No. IRC 4992 of 2004)

 

 

VARIATION

 

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

 

(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 Energy Grants (Credits) 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 3.79% 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 sub-clause 2(vi).

 

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

 

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

 

SCHEDULE 1

 

QUANTITY/DISTANCE AND HOURLY HIRE RATES

 

Symbol	Item	Rate	Unit
		$
F.F	Flag Fall	3.232	Per Tonne
A		0.190	Per Tonne
B		0.173	Per Tonne
C		0.163	Per Tonne
D		0.147	Per Tonne
E		0.138	Per Tonne
F		0.130	Per Tonne
G		0.124	Per Tonne
H	Large Material	0.973	Per Tonne
I	Large Material 600+ material	1.645	Per Tonne
Hourly rates for non-permitted vehicles involved in external dumping
J	2 Axle Vehicle	44.55	Per Hour
K	3 Axle Vehicle	53.61	Per Hour
L	4 Axle Vehicle	62.16	Per Hour
M	5 Axle Vehicle	80.10	Per Hour
N	6 Axle Vehicle	84.71	Per Hour
Hourly Rates for vehicles involved in internal dumping
O	2 Axle Vehicle	58.92	Per Hour
P	3 Axle Vehicle	61.65	Per Hour
Q	4 Axle Vehicle	71.48	Per Hour
R	5 Axle Vehicle	92.14	Per Hour
S	6 Axle Vehicle	96.11	Per Hour

 

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 the specified Review Date:

 

2.1        The Review Date shall be:

 

1 June.

 

2.2        If for any reason a relevant figure is not available or obtained at the Review Date the latest available figure is to be taken. Adjustment will be made when figures are next determined for the difference between figure at the Review Date and the figure used as calculated above.

 

2.3        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.

 

2.4        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.

 

2.5        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.

 

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

 

2.7        If the non labour cost components increase between adjustments to the extent that it causes an increase to the total rate of 3 percent or more, then an interim adjustment to the rates may be applied for and made.

 

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

 

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

 

5.          The variation to the rates shall be effective from the date determined by the Industrial Relations Commission (such date should not be before one month after the Review Date), provided that principal contractors have sufficient time to give appropriate notice to their customers.

 

6.          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 2004	Percentage of Cost
Wages including Maintenance Labour	34.21
Fuel and Oil	19.26
Repair Parts	12.33
Tyres	4.02
Depreciation	11.82
Registration	2.93
Other Fixed Costs	15.43
TOTAL	100

 

SCHEDULE 3

 

BENCHMARKS

 

Applications for adjustment shall be made by reference to movements in the following benchmarks for each of the following cost components:

 

Component	Benchmark	Confirmed	Source of figures to be used
		base at 1 June
		2004
Labour	Transport Industry	$553.50	NSW Industrial Gazette, or if latest
	Quarried Materials		rate not gazetted the latest Order of the
	State Award		Industrial Relations Commission of
	Grade 2,		New South Wales
	Vehicle Class3,
	Certified
Fuel	Caltex Metro Card	98.19 cents per litre	Caltex’s Internet home page at
	Price, per litre	(108 cents per litre less	www.caltex.com.au/pricing/cardpricing
	of Diesel for NSW,	1/11th GST)	.html
	excluding GST
Repair parts	ABS Consumer	139.5	Australian Bureau of Statistics
	Price Index(CPI),		Consumer Price Index Series6401.0
	Transportation		March Quarter 2004
	Group, Private
	Motoring Motor
	Vehicle repair and
	servicing

 

 

Tyres	ABS Consumer	114.1	Australian Bureau of Statistics
	Price Index(CPI),		Consumer Price Index Series 6401.0
	Transportation		March Quarter 2004
	Group, Private
	Motoring Motor
	vehicle parts and
	accessories
Depreciation	ABS Consumer	101.9	Australian Bureau of Statistics
	Price Index(CPI),		Consumer Price Index Series 6401.0
	Transportation		March Quarter 2004
	Group, Private
	Motoring Motor
	vehicles
Registration	Registration and	$4,141.92	Roads and Traffic Authority
	Green Slip		(Registration) and GIO Insurance
	Insurance Cost		(Green Slip)
	(no excess cost)	Registration =$1,088 made
	of a 3 axle truck,	up of:
	with out trailer,	• $47 -Rego Fee(no GST)
	working and	• $881 - Road Usage Charge
	garaged in the	(no GST)
	Sydney	• $160 - Heavy Vehicle
	Metropolitan Area	Inspections(including
	with a tare weight	$14.55 GST)
	of 10 tonne and a
	registered GVM	Green Slip =$3,375.31
	of greater than	(including306.84  GST)
	16 tonne
		Total =$4,463.31 less
		GST of$321.39
Other Fixed	ABS Consumer	145.0	Australian Bureau of Statistics
Costs	Price Price		Consumer Price Index Series
	Index(CPI),		6401.0 March Quarter 2004
	Sydney All Groups

 

4.          This variation shall take effect on and from 1 October 2004.

 

 

 

 

F. MARKS  J.

 

 

 

 

 

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