Transport Industry - Courier and Taxi Truck Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

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

 

(No. IRC 1956 of 2008)

 

 

VARIATION

 

1.        Delete the Schedule VI of the contract determination published 9 November 2001 (329 I.G. 248), and insert in lieu thereof the following:

 

Schedule VI

 

Fuel Levy

 

1.        In addition to all other remuneration received by the Contract Carrier the Principal Contractor shall pay the Contract Carrier an additional amount as a fuel levy. The fuel levy amount shall be equal to 4% of the Contract Carrier’s gross remuneration for each pay period observed by the Principal Contractor.

 

2.        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 the fuel levy to account for changes in the price of fuel on the following basis:

 

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

 

(b)      subject to paragraphs (c) and (d) below, the fuel levy shall vary using the table attached in this schedule;

 

(c)      it is not a requirement of any such application that the adjustment to the fuel levy sought 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 Sydney metropolitan weekly average for the retail price of unleaded petrol fuel 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.

 

3.        The Principal Contractor shall not offset the fuel levy amount against any remuneration payable to the Contract Carrier or use the fuel levy amount in the calculation of the Contract Carrier’s safety net entitlements.

 

4.        The fuel levy amount shall be paid to the Contract Carrier at the same time that the Principal Contractor pays the Contract Carrier remuneration for the pay period observed by the Principal Contractor.  The Principal Contractor shall specify the fuel levy amount paid to the Contract Carrier on the pay record issued to the Contract Carrier pursuant to Clause B of Schedule V of this determination.

 

5.        The percentage amount of the fuel levy shall be determined in accordance with the following table:

 

AIP Sydney Metropolitan weekly average for unleaded	Percentage Fuel Levy Applicable
petrol (excluding GST)	(%)
Up to 81.9 cents	No Surcharge
82 - 100 cents	2
100 - 114.9 cents	3
115-128.9 cents	4
129 - 143 cents	5

 

If the AIP national average for unleaded petrol (excluding GST) exceeds 143 cents per litre, the Courier and Taxi Truck Industrial Committee shall make a contract determination for a fuel levy of an amount in excess of 5%.

 

2.        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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Printed by the authority of the Industrial Registrar.