Transport Industry - Courier and Taxi Truck Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Courier and Taxi Truck Association.

 

(No. IRC 3303 of 2005)

 

 

VARIATION

 

1.        Delete the following paragraph from clause 1, Definitions of the contract determination published 9 November 2001 (329 I.G. 248):

 

"Point of Commencement of a Contract of Carriage" means, for the purposes of Schedule III, the point at which a contract carrier delivers googs which have been carried pursuant to a contract of carriage, or any paperwork relating thereto, whichever last occurs.

 

and insert in lieu thereof the following of new paragraph:

 

"Point of Commencement of a Contract of Carriage" means, for the purposes of Schedule III, the point at which a contract carrier picks up goods which are to be carried pursuant to a contract of carriage or any paperwork relating thereto, whichever first occurs.

 

2.        Delete subclause 8.3 of clause 8, Inspections, Breaches And Enforcement, and insert in lieu thereof the following:

 

8.3      Where a principal contractor does not keep remuneration records that comply with the requirements of Clause 10, Remuneration Records, then for the purpose of subclause 12.2 the safety net calculation for each contract carrier for whom remuneration records do not comply shall be based upon the contract carrier having been engaged for a minimum of ten (10) hours engagement for each day worked during the period for which the remuneration records do not comply.  Nothing in this subclause shall limit the legal rights of the contract carrier to seek recovery for any hours performed in excess of ten (10) hours on any day.

 

3.        Delete Schedule V, of Part B, and insert in lieu thereof the following:

 

Schedule V

 

The principal contractor shall maintain the records required by clause 10 in the following forms:

 

A.       Contract Carrier Details and Daily Records

 

Table (i)

 

Date:

Personal Name :

Fleet

Business Name :

No.:

Vehicle

Model :

Registration

Carrying

Type :

No. :

Capacity :

Job No. or

Service

From

To

Km

Additional Contract Details

Fee $

Code

Code

(clause 10.1 (h))

Safety Net/Probationary Hours

Safety Net Hours

Safety Net Hours

Total Safety

Start Time =

Finish Time =

Net Hours =

Starting time

Finishing time

Total Time Spent

of break =

of break =

on Breaks =

Exclusive Hire Hours

Start Time =

Finish time =

Total time between

Total Exclusive

engagements =

Hire Hours =

 

4.        This variation will take effect on and from 28 March 2006.

 

 

 

F. MARKS J

 

 

 

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Printed by the authority of the Industrial Registrar.