Transport Industry - Quarried Materials, &c., Carriers Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 3556 of 2006)

 

 

AWARD

 

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:

 

(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 3.45% 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 or 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 the specified Review Date:

 

2.1        The Review Date shall be:

 

1st 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

 

 

SCHEDULE 3

 

BENCHMARKS

 

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

 

 

4.          This variation shall take effect on and from 20 December 2006.

 

 

 

P. J. CONNOR, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.