Transport
Industry - Car Carriers (NSW) Contract Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, Industrial Organisation
of Employers and State Peak Council.
(No. IRC 202 of 2009)
Before Commissioner
Connor
|
13 August 2009
|
AWARD
1. Delete
paragraph (a) of subclause (i) of clause 7, Other Conditions, of the award published
11 July 2008 (366 I.G. 274) and insert in lieu thereof the following:
(a) The Principal
Contractor may (subject to notice of two weeks) deduct the sum of $251.76 for
each incident involving a car or cars under the care or control of the Contract
Carrier being damaged and the sum of $251.76 for each car from which an item
becomes missing while the car is under the care or control of the Contract
Carrier and the sum of $251.76 for each car which has damage or from which an
item is missing (being damage of the kind referred to in Clause 5(i)(i) which
is not noted on the initial survey). In
the event that repair and/or replacement costs are less than $251.76, the
lesser amount shall be paid to the Contract Carrier. The amount in this clause
($251.76) shall be adjusted at the same percentage as the rate adjustment
applicable within this determination.
2. Delete
subclause (vii) of clause 8 Conditions, and insert in lieu thereof the
following:
(vii) The Principal
Contractor may adjust the remuneration of the Contract Carrier by way of
deducting any amount properly payable by the Contract Carrier which has been
incurred by the Contract Carrier in the name of the Principal Contractor; and
the Principal Contractor may withhold payment from the Contract Carrier’s
remuneration of the amount of $302.12 for a maximum of three months on the
Contract Carrier ceasing to undertake work for the Principal Contractor, to
enable the final adjustment to be made under this subclause. The Principal
Contractor shall pay the balance of the remuneration due to the Contract
Carrier not later than on the expiry of the period of three months. The $302.12
amount referred to in this clause shall be adjusted by an amount equal to the
overall percentage variation to rates of remuneration as provided by this
determination.
3. Delete Schedule
1 - Rates of Remuneration, and insert in lieu thereof the following:
SCHEDULE 1
RATES OF
REMUNERATION
(i) This schedule
contains the following tables:
Table A: Rates of remuneration for local and interstate
work where the contract carrier supplies the prime mover only.
Table B: Rates of remuneration for local and intrastate
work where the contract carrier supplies both the prime mover and the trailer.
Table C: Rates of remuneration for local and intrastate
work where the contract carrier supplies the prime mover and the tyres for the
principal contractor's trailer.
Table D: Rates of remuneration for Port Kembla Work
(including the base rate of remuneration for Port Kembla Work - also referred
to as the "Connor Rate") where the contract carrier supplies the
prime mover only.
Table E: Rates of remuneration for Port Kembla Work
where the contract carrier supplies both the prime mover and trailer.
Table F: Rates of remuneration for Port Kembla Work
where the contract carrier supplies both the prime mover and the tyres for the
principal contractor’s trailer.
Table G: Deemed distances to apply for common trips
from the Sydney Metropolitan Area to towns within the State of New South Wales,
for the purpose of calculating intrastate remuneration.
Table H: Deemed distances to apply for common trips
originating and terminating in the Sydney Metropolitan Area and passing through
towns within the State of New South Wales, for the purposes of calculating
intrastate remuneration.
(ii) Where:
(a) a carrier
performs a contract of carriage within the area, incidence and duration of this
determination; and
(b) the carrier is
eligible to claim a rebate pursuant to the Commonwealth Government’s Energy
Grants (Credits) Scheme (‘the scheme’) for that contract of carriage; and
(c) the carrier has
been requested to apply for the rebate pursuant to the scheme by the principal
contractor;
the principal contractor may reduce the cartage rates
payable in Tables "A", "B", "C", "D",
"E" and "F" of Schedule I of this determination up to a
maximum reduction of 1.95% of the rate otherwise payable to the carrier for the
performance of that contract of carriage.
(iii) Should a
carrier become ineligible to claim a rebate pursuant to the scheme or the
scheme is abolished then the principal contractor shall not be permitted to
reduce the cartage rates pursuant to subclause (ii).
(iv) Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to subclauses (ii) and (iii).
(v) To ensure
clarity, the method for calculation of the diesel fuel rebate reduction
percentage is contained in the following example:
The reduction is calculated by comparing the Caltex
Metro Card Price, excluding GST as at 11 November 2008 for Diesel Low-Sulfur,
Sydney Metropolitan with the rebate.1 If the carrier is eligible for
the 17.143 cents per litre rebate this equates to an effective 12.03% rebate in
total fuel costs.2 When the current weighting for fuel is adjusted
in respect of the percentage change in the fuel benchmark, the new weighting
becomes 21.02%.3 The actual fuel weighting for a carrier able to
claim the rebate is calculated by determining what 12.03% of the new weighting
is, which equates to 18.49.4
The difference between the reset weighting 20.44 and the actual
weighting 18.49 allows the principal contractor to make a net reduction of
1.95%.5
(vi) The rates
contained within this schedule shall take effect on and from the first full pay
period to commence on or after 24 May 2009, or such later date as determined by
the Industrial Relations Commission of NSW.
________________________________
¹ 156.8 cents per
litre, less 1/11th GST =
142.55 cents per litre.
²
(142.55-17.143)/142.55 = 87.97% of fuel bill or 12.03% reduction
³ 18.97 x
10.94% = 21.02
4 21.02
x (87.97/100) =
18.49
5 20.44
- 18.49 =
1.95
CAR CARRIER ADJUSTMENT
CALCULATIONS
|
May Quarter 2008 to
September Quarter 2008
|
Percentage increase is inclusive of an additional 1%
pursuant to Clause 6 of Schedule II =2.82% +1% =3.82%
|
Category
|
Old
|
New
|
%
|
Current
|
New
|
Reset
|
|
Value
|
Value
|
Change
|
Weighting
|
Weighting
|
Weighting
|
|
|
|
|
|
|
|
Wages
|
$631.40
|
$656.66
|
4%
|
40.17
|
41.78
|
42.63
|
Capital
|
97.70
|
95.4
|
-0.81%
|
17.06
|
16.65
|
16.99
|
Insurances
|
290.50
|
295.30
|
5.52%
|
9.82
|
9.99
|
10.19
|
Registration
|
232.40
|
233.90
|
3.47%
|
4.29
|
4.32
|
4.41
|
R&M
|
160.00
|
161.40
|
2.11%
|
6.20
|
6.25
|
6.38
|
Tyres
|
133.30
|
135.90
|
2.22%
|
1.21
|
1.23
|
1.25
|
Fuel
|
263.60
|
213.50
|
10.94%
|
18.97
|
15.52
|
15.84
|
Admin
|
165.90
|
165.50
|
2.60%
|
2.28
|
2.28
|
2.32
|
|
100.00
|
98.03
|
100.00
|
4. Delete Tables
"A", "B", "C", "D", "E" and
"F" of Schedule I of the said determination and insert in lieu
thereof the following:
TABLE A (Including
2% Trailer Hire)
LOCAL WORK
Zone Rates per Car
Carriage - Prime Mover
Zone 0
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
30.54
|
48.37
|
63.95
|
79.30
|
87.59
|
35.69
|
2
|
46.12
|
71.92
|
90.63
|
109.79
|
120.15
|
53.93
|
3
|
59.11
|
90.81
|
112.00
|
136.14
|
148.77
|
69.09
|
4
|
69.48
|
106.83
|
133.22
|
162.55
|
177.26
|
81.26
|
5
|
77.29
|
128.54
|
154.49
|
188.90
|
205.89
|
90.35
|
Rates per Car Delivered
Zone 0
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
30.54
|
16.13
|
15.99
|
15.94
|
14.60
|
35.69
|
2
|
46.12
|
23.98
|
22.65
|
21.96
|
20.02
|
53.93
|
3
|
59.11
|
30.27
|
28.00
|
27.22
|
23.81
|
69.09
|
4
|
69.48
|
35.61
|
33.31
|
32.51
|
29.55
|
81.26
|
5
|
77.29
|
42.85
|
38.62
|
37.78
|
34.32
|
90.35
|
Vehicle
|
Standing and
Running Rate
|
Standing Time Rate
|
|
Per Hour
|
Per Hour
|
|
$
|
$
|
1 Car
|
38.97
|
30.21
|
3 Car
|
47.16
|
37.47
|
4 Car
|
53.30
|
42.63
|
5 Car
|
56.54
|
44.65
|
6 Car
|
61.13
|
48.79
|
1 Car Tilt
|
45.55
|
34.89
|
INTRASTATE WORK
Vehicle
|
Standing & Running
Rates - Cents per kilometre
|
|
$
|
1 Car
|
75.09
|
3 Car
|
107.55
|
4 Car
|
119.08
|
5 Car
|
132.11
|
6 Car
|
142.02
|
1 Car Tilt
|
88.07
|
TABLE B
LOCAL WORK
Zone Rates per Car
Carriage - Prime Mover & Trailer
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
31.77
|
54.19
|
72.41
|
91.64
|
100.41
|
38.67
|
2
|
48.00
|
80.62
|
102.46
|
126.48
|
139.52
|
58.44
|
3
|
61.52
|
101.80
|
126.58
|
156.74
|
172.77
|
74.89
|
4
|
72.31
|
122.88
|
150.69
|
187.19
|
205.89
|
88.10
|
5
|
80.45
|
144.07
|
174.77
|
217.51
|
239.08
|
97.94
|
Rate per Car
Delivered
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
31.77
|
18.07
|
18.11
|
18.33
|
16.73
|
38.67
|
2
|
48.00
|
26.87
|
25.62
|
25.30
|
23.25
|
58.44
|
3
|
61.52
|
33.93
|
31.64
|
31.35
|
28.79
|
74.89
|
4
|
72.31
|
40.97
|
37.67
|
37.43
|
34.32
|
88.10
|
5
|
80.45
|
48.02
|
43.69
|
43.50
|
39.85
|
97.94
|
Vehicle
|
Standing and
Running Rate
|
Standing Time Rate
|
|
Per Hour
|
Per Hour
|
|
$
|
$
|
1 Car
|
40.56
|
31.72
|
3 Car
|
52.88
|
37.92
|
4 Car
|
60.29
|
43.64
|
5 Car
|
65.09
|
46.42
|
6 Car
|
70.97
|
59.95
|
1 Car Tilt
|
49.37
|
38.22
|
INTRASTATE WORK
Vehicle
|
Standing &
Running Rate - Cents per kilometre
|
|
$
|
1 Car
|
73.82
|
3 Car
|
114.59
|
4 Car
|
127.24
|
5 Car
|
141.31
|
6 Car
|
147.51
|
1 Car Tilt
|
90.90
|
TABLE C (Including
2% Trailer Hire)
LOCAL WORK
Zone Rates per Car
Carriage - Prime Mover & Tyres
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
30.88
|
48.96
|
65.38
|
80.95
|
89.09
|
35.67
|
2
|
46.67
|
72.82
|
92.63
|
111.63
|
122.21
|
53.87
|
3
|
59.84
|
91.94
|
114.42
|
137.81
|
151.19
|
69.06
|
4
|
70.35
|
111.03
|
136.21
|
165.23
|
180.18
|
81.20
|
5
|
78.23
|
130.15
|
158.00
|
192.11
|
209.17
|
90.32
|
Rate per Car
Delivered
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
30.88
|
16.31
|
16.34
|
16.19
|
14.85
|
35.67
|
2
|
46.67
|
24.27
|
23.15
|
22.33
|
20.36
|
53.87
|
3
|
59.84
|
30.64
|
28.61
|
27.56
|
25.20
|
69.06
|
4
|
70.35
|
37.01
|
34.06
|
36.97
|
30.04
|
81.20
|
5
|
78.23
|
43.39
|
39.50
|
38.42
|
34.86
|
90.32
|
Vehicle
|
Standing and
Running Rate
|
Standing Time Rate
|
|
Per Hour
|
Per Hour
|
|
$
|
$
|
1 Car
|
39.45
|
30.18
|
3 Car
|
47.76
|
37.46
|
4 Car
|
54.95
|
42.62
|
5 Car
|
57.49
|
44.63
|
6 Car
|
62.14
|
48.74
|
1 Car Tilt
|
45.54
|
34.86
|
INTRASTATE WORK
Vehicle
|
Cents per kilometre
|
1 Car
|
76.89
|
3 Car
|
110.58
|
4 Car
|
125.08
|
5 Car
|
137.22
|
6 Car
|
147.65
|
1 Car Tilt
|
88.02
|
TABLE D -
(Including 2% Trailer Hire)
Port Kembla
Zone Rates per Car
Carriage - Prime Mover
Zone 0
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base Rate
|
178.98
|
247.62
|
275.91
|
302.12
|
325.96
|
209.11
|
1
|
198.47
|
271.21
|
302.56
|
333.40
|
356.53
|
231.88
|
2
|
217.95
|
294.79
|
329.20
|
358.67
|
387.10
|
254.67
|
3
|
237.43
|
318.37
|
355.86
|
386.94
|
417.67
|
277.44
|
4
|
256.92
|
341.97
|
382.50
|
415.22
|
448.23
|
300.23
|
5
|
300.76
|
395.02
|
442.47
|
478.84
|
517.02
|
351.47
|
Rate per Car
Delivered
Zone 0
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base Rate
|
178.98
|
82.54
|
68.97
|
60.43
|
54.33
|
209.11
|
1
|
198.47
|
90.40
|
75.64
|
66.08
|
59.43
|
231.88
|
2
|
217.95
|
98.27
|
82.31
|
71.73
|
64.51
|
254.67
|
3
|
237.43
|
106.12
|
88.96
|
77.38
|
68.63
|
277.44
|
4
|
256.92
|
113.99
|
95.63
|
83.05
|
74.70
|
300.23
|
5
|
300.76
|
131.67
|
110.62
|
95.77
|
86.17
|
351.47
|
Vehicle
|
Standing and
Running Rate
|
Standing Time Rate
|
|
Per Hour
|
Per Hour
|
|
$
|
$
|
1 Car
|
38.97
|
30.21
|
3 Car
|
47.16
|
37.47
|
4 Car
|
53.30
|
42.63
|
5 Car
|
56.54
|
44.65
|
6 Car
|
61.13
|
48.79
|
1 Car Tilt
|
45.55
|
34.89
|
INTRASTATE WORK
Vehicle
|
Standing &
Running Rates - Cents per kilometre
|
1 Car
|
75.09
|
3 Car
|
107.55
|
4 Car
|
119.08
|
5 Car
|
132.11
|
6 Car
|
142.02
|
1 Car Tilt
|
88.08
|
TABLE E
Port Kembla
Zone Rates per Car Carriage - Prime Mover & Tyres
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base Rate
|
178.98
|
260.84
|
291.55
|
321.19
|
343.48
|
219.17
|
1
|
199.26
|
287.28
|
322.10
|
353.73
|
378.96
|
243.85
|
2
|
219.54
|
313.73
|
352.24
|
386.27
|
414.46
|
284.26
|
3
|
239.81
|
340.16
|
382.39
|
418.81
|
449.95
|
293.23
|
4
|
260.08
|
366.60
|
412.53
|
451.36
|
485.43
|
317.91
|
5
|
305.71
|
426.10
|
480.37
|
524.59
|
565.29
|
373.46
|
Rates Per Car
Delivered
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base Rate
|
178.98
|
86.94
|
72.99
|
64.24
|
57.25
|
219.17
|
1
|
199.26
|
95.76
|
80.52
|
70.75
|
63.16
|
243.85
|
2
|
219.54
|
104.58
|
88.06
|
77.26
|
69.07
|
284.26
|
3
|
239.81
|
113.39
|
95.60
|
83.76
|
74.98
|
293.23
|
4
|
260.08
|
122.20
|
103.14
|
90.28
|
80.91
|
317.91
|
5
|
305.71
|
142.04
|
120.10
|
104.92
|
94.22
|
373.46
|
Vehicle
|
Standing and
Running Rate
|
Standing Time Rate
|
|
Per Hour
|
Per Hour
|
|
$
|
$
|
1 Car
|
40.56
|
31.72
|
3 Car
|
52.88
|
37.92
|
4 Car
|
60.29
|
43.64
|
5 Car
|
65.09
|
46.42
|
6 Car
|
70.97
|
53.95
|
1 Car Tilt
|
49.37
|
38.22
|
INTRASTATE WORK
Vehicle
|
Standing & Running Rate - Cents per kilometre
|
1 Car
|
73.82
|
3 Car
|
114.59
|
4 Car
|
127.24
|
5 Car
|
141.31
|
6 Car
|
147.51
|
1 Car Tilt
|
90.90
|
TABLE F (Including
2% Trailer Hire)
Port Kembla
Zone Rates per Car Carriage - Prime Mover & Tyres
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base Rate
|
182.13
|
253.01
|
286.58
|
311.20
|
335.94
|
208.96
|
1
|
201.85
|
276.88
|
313.82
|
339.95
|
367.01
|
236.40
|
2
|
221.58
|
300.77
|
341.07
|
368.69
|
398.08
|
266.81
|
3
|
241.30
|
324.66
|
368.31
|
397.44
|
429.15
|
277.29
|
4
|
261.02
|
348.53
|
395.56
|
426.19
|
460.46
|
300.06
|
5
|
305.39
|
402.27
|
456.87
|
490.86
|
530.14
|
351.30
|
Rates Per Car
Delivered
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base Rate
|
182.13
|
84.34
|
71.64
|
62.24
|
55.98
|
208.96
|
1
|
201.85
|
92.29
|
78.45
|
67.98
|
61.17
|
236.40
|
2
|
221.58
|
100.26
|
85.27
|
73.74
|
66.35
|
266.81
|
3
|
241.30
|
108.22
|
92.08
|
79.48
|
71.52
|
277.29
|
4
|
261.02
|
116.18
|
98.89
|
85.24
|
76.71
|
300.06
|
5
|
305.39
|
134.09
|
114.21
|
98.17
|
88.35
|
351.30
|
Vehicle
|
Standing and Running
Rate
|
Standing Time Rate
|
|
Per Hour
|
Per Hour
|
|
$
|
$
|
1 Car
|
39.45
|
30.17
|
3 Car
|
47.76
|
37.46
|
4 Car
|
54.49
|
42.62
|
5 Car
|
57.49
|
44.64
|
6 Car
|
62.14
|
48.74
|
1 Car Tilt
|
45.54
|
34.86
|
INTRASTATE WORK
Vehicle
|
Cents per Kilometre
|
1 Car
|
76.89
|
3 Car
|
110.58
|
4 Car
|
125.08
|
5 Car
|
137.22
|
6 Car
|
147.65
|
1 Car Tilt
|
88.02
|
5. Delete Schedule
2 - Procedure and Time for Adjustment of Rates and Amounts - Rates of
Remuneration of the said determination and insert in lieu thereof the
following:
Schedule 2
Procedure and Time
for Adjustment of Rates and Amounts
1. The Rates
Prescribed in Schedule 1 May be Adjusted Each Year Upon Application to the Industrial
Relations Commission of New South Wales.
2. Applications
for adjustment shall be made by reference to the calculated weighted movements
in the following benchmarks for each cost component, calculated as at the end
of the September Quarter each year.
Component
|
Benchmark
|
Current
|
Current
|
|
|
Index
|
Weighting
|
Wages
|
Transport Industry (State) Award, Grade Three
|
|
|
|
Transport Worker
|
$656.70
|
42.63
|
Capital
|
ABS Consumer Price Index (CPI), Transportation
|
|
|
|
Group, Motor Vehicles
|
295.30
|
16.99
|
Insurances
|
ABS CPI Financial and insurance services,
|
|
|
|
Insurance Services
|
161.50
|
10.19
|
Registration
|
ABS CPI, Transportation Group, Other Motoring
|
|
|
|
Charges
|
232.40
|
4.41
|
Repairs &
|
ABS CPI, Transportation Group, Motor Vehicle
|
|
|
Maintenance
|
Repair and Servicing
|
160.00
|
6.38
|
Tyres
|
ABS CPI, Transportation Group, Motor Vehicle
|
|
|
|
Parts and Accessories
|
133.30
|
1.25
|
Fuel
|
AIP NSW State Average for the retail price of diesel
|
|
|
|
fuel, Transportation Group, Automotive Fuel
|
263.30
|
15.84
|
Administration
|
ABS CPI, All Groups, Sydney
|
165.90
|
2.32
|
Total
|
|
|
100
|
3. Each cost component
shall be re-weighted after each adjustment.
4. The Union, the
Industry Principal Contractors, and their nominated representatives shall
confer with a view to reaching agreement on any application for adjustment.
5. 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 rates greater than 2 per cent, then an interim adjustment
may be applied for.
6. Any variation
to rates payable within this determination shall take effect not earlier than
the first full pay period to commence on or after 13 August 2009. This shall not apply to any interim
adjustment.
6. This variation
shall take effect on and from the 13 August 2009.
P.
J. CONNOR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.