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

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

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

 

(No. IRC 1954 of 2008)

 

 

VARIATION

 

1.        Delete Schedule 1 - Procedures in Annexure B, Rise & Fall Formula, of the contract determination published 14 August 1992 (271 I.G. 78), 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, excluding fuel, 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.

 

7.        Cost Recovery for variations in the Price of fuel:

 

(1)      The parties to this determination recognise that, due to the changed nature of the pricing of fuel, including recent significant fluctuations in the price of fuel, it is necessary that variations to rates of remuneration to take into account changes in the price of fuel occur in a timely and efficient manner.

 

(2)      Notwithstanding any other provisions of this determination, the parties to this determination agree that any party to this determination may make an application to the Industrial Relations Commission of New South Wales to vary rates of remuneration to account for changes in the price of fuel on the following basis:

 

(a)      an application to vary rates of remuneration for changes in the price of fuel may be made at any time, provided that the date upon which any rate adjustment is sought to occur is at least one calendar month after the last occasion upon which a rate adjustment became operative;

 

(b)      subject to paragraphs (c) and (d) below, the rates of remuneration shall vary using the existing rise and fall formula for the price of fuel in this determination;

 

(c)      it is not a requirement of any such application that the rate adjustment sought for fuel only be one which is below or above any minimum threshold amount; and

 

(d)      the agreed benchmark for the price of fuel shall be the Australian Institute of Petroleum NSW weekly average for the retail price of diesel for the week ending immediately prior to the date of filing the application, excluding GST.  Should the agreed benchmark become unavailable the parties shall determine an alternative appropriate benchmark.

 

(3)      The parties to this determination shall take all necessary steps to enable an application made pursuant to subclause (2) hereof to be heard and determined at the earliest possible time, including but not limited to, consenting to have the Industrial Relations Commission of New South Wales hear and determine any such application within 48 hours from the initial listing of the application.

 

(4)      The fuel index, reflecting current rates is 169.5 cents.  This is exclusive of GST.

 

2.        Delete Schedule 3 - Benchmarks, of the said Annexure B, and insert in lieu thereof the following:

 

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
Labour	Transport		NSW Industrial Gazette, or if latest rate not
	Industry -		gazetted the latest Order of the Industrial
	Quarried	$621.80	Relations Commission of New South Wales
	Materials
	State Award -
	Grade 2, Vehicle
	Class3, Certified
Fuel	AIP NSW	169.5 cents	http://www.aip.com.au/pricing/retail/diesel/.
	State weekly		index.htm
	average for the
	retail price of
	diesel,
	excluding GST
Repair	ABS Consumer		Australian Bureau of Statistics Consumer Price
parts	Price Index (CPI),	156.70	Index Series 6401.0 March Quarter 2008
	Transportation on
	Group, Private
	Motoring Motor
	Vehicle repair
	and servicing
Tyres	ABS		Australian Bureau of Statistics Consumer Price
	Consumer	130.40	Index Series 6401.0 March Quarter 2008
	Price Index(CPI),
	Transportation on
	Group, Private
	Motoring Motor
	vehicle parts
	and accessories
Depreciation	ABS Consumer	98.50	Australian Bureau of Statistics Consumer Price
	Price Index (CPI),		Index Series 6401.0 March Quarter 2008
	Transportation
	on Group,
	Private
	Motoring
	Vehicles
Registration	Registration	Registration =	Roads and Traffic Authority (Registration) and
	and Green Slip	$1071.91 made	GIO Insurance (Green Slip)
	Insurance Cost	up of: $52.00 -
	(no excess cost)	Rego Fee (no
	of a 3 axle	GST) $859 -
	truck, without	Road Usage
	trailer,	Charge (no GST)
	working and	$160.91 Heavy
	garaged in	Vehicle
	the Sydney	Inspections
	Metropolitan	(including GST)
	Area with a	Green Slip =

 

	tare weight	$3623
	of a 10 tonne	Total =
	and a registered	$4694.91
	GVM of
	greater than
	16 tonne.
Other Fixed	ABS		Australian Bureau of Statistics Consumer Price
Costs	Consumer	161.70	Index Series 6401.0 March Quarter 2008
	Price Index
	(CPI),
	Sydney All
	Groups

 

3.        This variation will take effect on and from 4 November 2008.

 

 

 

 

R. P. BOLAND  J. President

M. J. WALTON  J, Vice-President.

F. MARKS  J.

 

 

 

 

 

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