Transport Industry - Concrete Haulage - Mini Trucks 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 1957 of 2008)

 

 

VARIATION

 

1.        Insert after Appendix Y of the Contract Determination published 30 July 1986 (242 I.G. 352), the following new Appendix Z.

 

APPENDIX Z

 

(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 only 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 either 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 NSW hear and determine any such application within 48 hours from the initial listing of the application.

 

2.        This variation shall take effect on and from 4 November 2008.

 

 

 

R. P. BOLAND, President.

M. J. WALTON  J, Vice-President.

F. MARKS  J.

 

 

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Printed by the authority of the Industrial Registrar.