Transport
Industry - Quarried Materials, &c., Carriers Interim Contract Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Extractive
Industries, New South Wales.
(No. IRC 544 of 2005)
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Before Commissioner
Connor
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4 October and 2
November 2007
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DETERMINATION
This Interim Contract Determination has been made in order
to facilitate the operation of a trial period for contract carriers to cart
quarried materials at cartage rates for vehicles not otherwise specified in the
Transport Industry - Quarried Materials &c., Carriers Contract
Determination ("TIQMCD").
1.1 Preamble
The rates in this Interim Contract Determination will
give principal contractors more operational flexibility whilst compensating
contract carriers at fair and reasonable cartage rates for work performed.
1.2 Trial Period
A trial period shall operate for a period of 12 months
commencing from 4 October 2007.
1.3 Area &
Incidence
(a) This Interim
Determination will apply to all contracts of carriage of "Quarried
Materials &c." as defined in clause 1, Definitions of the TIQMCD.
(b) This Interim
Determination will apply to all contractors (other than municipal, city &
Shire councils) and contract carriers engaged in or in connection with such
work within the State of NSW (excluding the County of Yancowinna).
(c) This Interim
Contract Determination shall be read and construed in conjunction with the
TIQMCD. Where there is any inconsistency between the provisions contained
within the TIQMCD and the provisions of this Interim Contract Determination,
the provisions in this Interim Contract Determination will apply.
1.4 Cartage Rates
During Trial Period
The cartage rates that will apply to a contract carrier
who participates in a trial pursuant to this Interim Contract Determination are
set out in Annexure A subject to the Transport Industry (GST Protocol) Contract
Determination and the Boral GST Protocol (Facilitation and Compliance) Contract
Determination which will continue to apply during the life of this Interim
Contract Determination.
1.5 Voluntary
Participation
(a) A contract
carrier must elect to participate in the trial period. Such election should be
made in writing, signed by the contract carrier, and in the form as set out in
clause 1.9 of this Interim Contract Determination.
(b) During the
trial period, the Transport Workers Union ("Union") may request
copies of the election forms from the principal contractor provided the
contract carrier has given consent to the principal contractor to provide the
election form to the Union.
1.6 Contract
Carrier Requirements
(a) In order to
participate in the trial the contract carrier must have units capable of
operating at GCM of 42.5 tonnes or greater in tri-axle trailer configuration or
capable of operating at GCM of 48 tonnes or greater in truck or dog
configuration.
1.7 Monitor &
Review
(a) The principal
contractor must keep a record of all contract carriers who have elected to
participate in the trial, the location of where they have performed the work
and all payments which have been made to the contract carriers that relate to
this trial.
(b) The principal
contractor will document the following information and provide it to the Union
at three monthly intervals:
(i) the number of
contract carriers who have participated in the trial during that period; and
(ii) the locations
of where the work has been performed during that period; and
(iii) all payments
which have been made to the contract carriers during that period that relate to
the trial.
(c) At the end of
the trial period, the principal contractor will perform a review of the trial
to ensure that the Interim Contract Determination is suitable to the needs of
the principal contractor and that the contract carriers are satisfied with the
new rates structure. The principal contractor will invite the Union's input
during the review process and properly consider that input.
1.8 Conclusion of
the trial period
(a) At the
conclusion of the trial period either party may make application to vary the
TIQMCD by inserting the cartage rates outlined in Annexure A and any other
terms based on the findings of the trial period.
1.9
DRIVER ELECTION FORM
Principal Business Name:
Location of work to be performed:
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of
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(Print Name)
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Business Name
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ABN Number
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elect to participate in the trial as set out in the
Transport Industry - Quarried Materials &c., Carriers Interim Contract
Determination. Having made this
election to participate in the trial, I understand that I will be paid the
cartage rates set out in the Transport Industry - Quarried Materials &c.,
Carriers Interim Contract Determination.
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Signed:
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Dated:
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Witness:
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(Print Name)
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Signed
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In order to ensure that drivers are electing on a voluntary
basis to take part in the trial, these forms may be provided to the Transport
Workers Union, subject to drivers consent.
Please tick this box if you consent to this form being
provided to the Union.
ANNEXURE A
SCHEDULE IA
VEHICLES WITH A
GCM OF 42.5 TONNES CARTAGE RATES
QUANTITY /
DISTANCE RATES
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Symbol
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Item
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Rate
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Unit
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$
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F.F
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Flag Fall
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2.644
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Per Tonne
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A
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0.156
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Per Tonne
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B
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0.142
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Per Tonne
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C
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0.134
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Per Tonne
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D
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0.12
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Per Tonne
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E
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0.113
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Per Tonne
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F
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0.107
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Per Tonne
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G
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0.101
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Per Tonne
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H
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Large Material
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0.80
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Per Tonne
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I
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Large Material
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600+ Material
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1.35
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Per Tonne
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Notation:
The cartage rates above have been calculated by applying the
following percentages to the rates in Schedule 1 of Annexure A of the TIQMCD:
Schedule IA - 75%
SCHEDULE 1B
VEHICLES WITH A
GCM OF 48 TONNES CARTAGE RATES QUANTITY/ DISTANCE RATES
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Symbol
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Item
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Rate
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Unit
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$
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F.F
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Flag Fall
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2.47
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Per Tonne
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A
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0.146
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Per Tonne
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B
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0.132
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Per Tonne
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C
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0.125
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Per Tonne
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D
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0.112
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Per Tome
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E
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0.106
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Per Tonne
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F
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0.10
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Per Tonne
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G
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0.094
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Per Tome
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H
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Large Material
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0.743
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Per Tonne
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I
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Large Material
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1.256
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Per Tonne
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600+ Material
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Notation:
The cartage rates above have been calculated by applying the
following percentages to the rates in Schedule 1 of Annexure A of the TIQMCD:
Schedule IB - 70%
P.
J. CONNOR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.