Transport Industry Waste Collection and Recycling Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 2173 of 2008)

 

 

VARIATION

 

1.        Delete Part B, of the Contract Determination published 30 August 2002 (335 I.G. 1384) and insert in lieu thereof the following clause:

 

PART B

 

Table 1 - Hourly Rate

 

Vehicle Configuration	Amount (per hour)
	$
Single Drive Axle Rear Loading	68.33
Single Drive Axle Side Loading	69.05
Bogie Drive Axle Rear Loading	86.72
Bogie Drive Axle Side Loading	87.46

 

Table 2 - Garbage Compactor Allowance

 

Vehicle Configuration	Amount (per day)
	$
Single Drive Axle Rear Loading	69.45
Single Drive Axle Side Loading	91.27
Bogie Drive Axle Rear Loading	74.51
Bogie Drive Axle Side Loading	93.08

 

Table 3 - Excess Kilometre Rate

 

Vehicle Configuration	Amount (per kilometre)
	$
Single Drive Vehicle	1.76
Bogie Drive Vehicle	2.17

 

2.        Delete Part C and insert in lieu thereof the following clause:

 

PART C

 

Procedure and Time for Adjustment of Rates and Amounts

 

(1)      The rates prescribed in Part B may be adjusted with effect from 1 October each year upon application to the Industrial Relations Commission on or after 1 July each year.

 

(2)      Adjustment to rates shall be calculated from the date the preceding review was calculated and shall take into account all movement in the cost components since that date.

 

(3)      Applications for adjustment to the excess kilometer rate contained in subclause (2) of Clause 11 shall be made by reference to movements in the Australian Institute of Petroleum NSW State weekly average for the retail price of diesel for the week ending immediately prior to the date of filing the application, excluding GST pursuant to the provisions of clause 8 of the part.

 

(4)      Applications for adjustment of rates contained in Table 1 of Part B shall be made by reference to movements in the following benchmarks for each cost component:

 

Labour	Average percentage change of Items 9 and 10 of
	Table 1, Part B of the Transport Industry - Waste
	Collection and Recycling (State) Award
Capital	Average percentage variation in the prices of an IVECO (6x4)
	F2350G/260 Distributor and an IVECO RWD F2350G/260
	Distributor as per the "Red Book"
Insurances	ABS CPI, Financial and Insurance Services, Insurance Services
Registration	ABS CPI, Transportation Group, Other Motoring Charges
Repairs and Maintenance	ABS CPI, Transportation Group, Motor Vehicle Repair
	and Servicing
Tyres	ABS CPI, Transportation Group, Motor Vehicle Parts
	and Accessories
Administration	ABS CPI, All Groups, Sydney
Fuel	AIP NSW weekly average for the retail price of
	diesel, excluding GST.

 

(5)      In the calculation of adjustments pursuant to subclause (4) of this clause, each cost component shall have the following weightings:

 

Labour	30.67
Capital	28.37
Registration	3.50
Insurance	11.49
Administration	1.77
Repairs and Maintenance	9.88
Tyres	1.78
Fuel	12.53
TOTAL	100

 

Each cost component shall be re-weighted after each adjustment.

 

(6)      If the benchmark for the cost components of insurances, tyres and repairs and maintenance increases between adjustments to the extent that it causes an increase to the total hourly rates contained in Table 1 of Part B of 2% or more, then an interim adjustment may be applied for.

 

(7)      Applications for adjustment to the Garbage Contractor Allowance in Table 2 of Part B shall be made by reference to the percentage increase in the supply and installation of such compactor bodies by MacDonald Johnston Engineering Company Pty Ltd.

 

(8)      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 only, 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 fuel rate adjustment is sought to become operative is at least one calendar month after the last occasion upon which a fuel 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.

 

(4)      The fuel index, reflecting current rates, is 138 cents per litre. This index is exclusive of GST.

 

(9)      Applications for adjustment to the Garbage Compactor Allowance in Table 2 of Part B shall be made by reference to the percentage increase in the supply and installation of such compactor bodies by MacDonald Johnston Engineering Company Pty Ltd.

 

3.        This variation shall take effect on and from 21 January 2009.

 

 

 

 

F. MARKS J

 

 

 

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Printed by the authority of the Industrial Registrar.