Transport
Industry - Car Carriers (NSW) Contract Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C7331 published 26 February 2010
(369 I.G. 1685)
(Nos. IRC 945, 1698 and 1784
of 2009)
CORRECTION
Delete instructions 1,2,3,4, 5 and 6 and substitute the
following:
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 $258.31 for
each incident involving a car or cars under the care or control of the Contract
Carrier being damaged and the sum of $258.31for 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 $258.31 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 $258.31, the lesser amount shall be paid to the
Contract Carrier. The amount in this clause ($258.31) shall be varied 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 $309.96 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 sub-clause. 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 $309.96
amount referred to in this clause shall be varied 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 2.03% 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 sub-clause (ii).
(iv) Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to sub-clauses (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 for Diesel Low-Sulfur, Sydney Metropolitan with
the rebate.[1]
If the carrier is eligible for the 16.443 cents per litre rebate this equates
to an effective 11.53% 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 15.44%.[3]
The actual fuel weighting for a carrier able to claim the rebate is calculated
by determining what 11.53% of the new weighting is, which equates to 13.41.[4]
The difference between the reset weighting 15.44 and the actual weighting 13.41
allows the principal contractor to make a net reduction of 2.03%.[5]
(vi) The rates
contained within this schedule shall take effect on and from the first full pay
period to commence on or after 25 February 2009.
Car Carriers
Contract Determination Rate Adjustment
|
April 09 to
September 09
|
Percentage
variation = 1.52%
|
Category
|
Old
|
New
|
%
|
Current
|
New
|
Reset
|
|
Value
|
Value
|
Change
|
Weighting
|
Weighting
|
Weighting
|
|
$
|
$
|
%
|
|
|
|
Wages
|
656.70
|
656.70
|
0.00%
|
42.63
|
42.63
|
41.99
|
Capital
|
95.40
|
97.9
|
2.62%
|
16.99
|
17.43
|
17.17
|
Insurances
|
295.30
|
316
|
7.01%
|
10.19
|
10.90
|
10.74
|
Registration
|
233.90
|
246.5
|
5.39%
|
4.41
|
4.64
|
4.57
|
R&M
|
161.40
|
166
|
2.85%
|
6.38
|
6.56
|
6.46
|
Tyres
|
135.90
|
143.2
|
5.37%
|
1.25
|
1.32
|
1.30
|
Fuel
|
215.50
|
213.3
|
-1.02%
|
15.84
|
15.67
|
15.44
|
Admin
|
165.50
|
168.1
|
1.57%
|
2.32
|
2.36
|
2.33
|
|
|
|
|
100.00
|
101.52
|
100.00
|
4. Delete Tables
"A", "B", "C", "D", "E" and
"F" of Schedule 1 and insert in lieu thereof the following:
Table A - (Including 2% Trailer Hire)
Local Work
|
Zone Rates per Car
Carriage - Prime Mover
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
31.00
|
49.11
|
64.92
|
80.51
|
88.92
|
36.23
|
2
|
46.82
|
73.01
|
92.01
|
111.46
|
121.98
|
54.75
|
3
|
60.01
|
92.19
|
113.70
|
138.21
|
151.03
|
70.14
|
4
|
70.54
|
108.45
|
135.24
|
165.02
|
179.95
|
82.50
|
5
|
78.46
|
130.49
|
156.84
|
191.77
|
209.02
|
91.72
|
Rates Per Car
Delivered
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
31.00
|
16.38
|
16.23
|
16.18
|
14.82
|
36.23
|
2
|
46.82
|
24.34
|
22.99
|
22.29
|
20.32
|
54.75
|
3
|
60.01
|
30.73
|
28.43
|
27.63
|
24.17
|
70.14
|
4
|
70.54
|
36.15
|
33.82
|
33.00
|
30.00
|
82.50
|
5
|
78.46
|
43.50
|
39.21
|
38.35
|
34.84
|
91.72
|
|
Standing and
Running
|
Standing Rate
|
Vehicle
|
Rate per Hour
|
per Hour
|
|
$
|
$
|
1 car
|
39.56
|
30.67
|
3 car
|
47.88
|
38.04
|
4 car
|
54.11
|
43.28
|
5 car
|
57.40
|
45.33
|
6 car
|
62.06
|
49.53
|
1 car tilt
|
46.24
|
35.42
|
Intrastate Work
|
Vehicle
|
Standing and
Running Rate cents per Km
|
|
1 Car
|
76.23
|
|
3 Car
|
109.18
|
|
4 Car
|
120.89
|
|
5 Car
|
134.12
|
|
6 car
|
144.18
|
|
1 car tilt
|
89.41
|
|
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
|
32.25
|
55.01
|
73.51
|
93.03
|
101.94
|
39.26
|
2
|
48.73
|
81.85
|
104.02
|
128.40
|
141.64
|
59.33
|
3
|
62.46
|
103.35
|
128.50
|
159.12
|
175.40
|
76.03
|
4
|
73.41
|
124.75
|
152.98
|
190.04
|
209.02
|
89.44
|
5
|
81.67
|
146.26
|
177.43
|
220.82
|
242.71
|
99.43
|
Rates Per Car
Delivered
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
32.25
|
18.34
|
18.39
|
18.61
|
16.98
|
39.26
|
2
|
48.73
|
27.28
|
26.01
|
25.68
|
23.60
|
59.33
|
3
|
62.46
|
34.45
|
32.12
|
31.83
|
29.23
|
76.03
|
4
|
73.41
|
41.59
|
38.24
|
38.00
|
34.84
|
89.44
|
5
|
81.67
|
48.75
|
44.35
|
44.16
|
40.46
|
99.43
|
|
Standing and
Running
|
Standing Rate
|
Vehicle
|
Rate per Hour
|
per Hour
|
|
$
|
$
|
1 car
|
41.18
|
32.20
|
3 car
|
53.68
|
38.50
|
4 car
|
61.21
|
44.30
|
5 car
|
66.08
|
47.13
|
6 car
|
72.05
|
60.86
|
1 car tilt
|
50.12
|
38.80
|
Intrastate Work
|
Vehicle
|
Standing and
Running Rate cents per Km
|
|
1 Car
|
74.94
|
|
3 Car
|
116.33
|
|
4 Car
|
129.17
|
|
5 Car
|
143.46
|
|
6 car
|
149.75
|
|
1 car tilt
|
92.28
|
|
Table C (Including 2% Trailer Hire)
Local Work
|
Zone Rates per Car
Carriage - Prime Mover
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
31.35
|
49.70
|
66.37
|
82.18
|
90.44
|
36.21
|
2
|
47.38
|
73.93
|
94.04
|
113.33
|
124.07
|
54.69
|
3
|
60.75
|
93.34
|
116.16
|
139.90
|
153.49
|
70.11
|
4
|
71.42
|
112.72
|
138.28
|
167.74
|
182.92
|
82.43
|
5
|
79.42
|
132.13
|
160.40
|
195.03
|
212.35
|
91.69
|
Rates Per Car
Delivered
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
31.35
|
16.56
|
16.59
|
16.44
|
15.08
|
36.21
|
2
|
47.38
|
24.64
|
23.50
|
22.67
|
20.67
|
54.69
|
3
|
60.75
|
31.11
|
29.04
|
27.98
|
25.58
|
70.11
|
4
|
71.42
|
37.57
|
34.58
|
33.55
|
30.50
|
82.43
|
5
|
79.42
|
44.05
|
40.10
|
39.00
|
35.39
|
91.69
|
Vehicle
|
Standing and
Running
|
Standing Rate
|
|
Rate per Hour
|
per Hour
|
|
$
|
$
|
1 car
|
40.05
|
30.64
|
3 car
|
48.49
|
38.03
|
4 car
|
55.79
|
43.27
|
5 car
|
58.36
|
45.31
|
6 car
|
63.08
|
49.48
|
1 car tilt
|
46.23
|
35.39
|
Intrastate Work
|
Vehicle
|
Standing and
Running Rate cents per Km
|
|
1 Car
|
78.06
|
|
3 Car
|
112.26
|
|
4 Car
|
126.98
|
|
5 Car
|
139.31
|
|
6 car
|
149.89
|
|
1 car tilt
|
89.36
|
|
Table D - (Including 2% Trailer Hire)
Port Kembla
Local Work
|
Zone Rates per Car
Carriage - Prime Mover
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base rate
|
181.70
|
251.38
|
280.10
|
306.71
|
330.91
|
212.29
|
1
|
201.49
|
275.33
|
307.16
|
338.47
|
361.95
|
235.40
|
2
|
221.26
|
299.27
|
334.20
|
364.12
|
392.98
|
258.54
|
3
|
241.04
|
323.21
|
361.27
|
392.82
|
424.02
|
281.66
|
4
|
260.83
|
347.17
|
388.31
|
421.53
|
455.04
|
304.79
|
5
|
305.33
|
401.02
|
449.20
|
486.12
|
524.88
|
356.81
|
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
|
181.70
|
83.79
|
70.02
|
61.35
|
55.16
|
212.29
|
1
|
201.49
|
91.77
|
76.79
|
67.08
|
60.33
|
235.40
|
2
|
221.26
|
99.76
|
83.56
|
72.82
|
65.49
|
258.54
|
3
|
241.04
|
107.73
|
90.31
|
78.56
|
69.67
|
281.66
|
4
|
260.83
|
115.72
|
97.08
|
84.31
|
75.84
|
304.79
|
5
|
305.33
|
133.67
|
112.30
|
97.23
|
87.48
|
356.81
|
Vehicle
|
Standing and
Running
|
Standing Rate
|
|
Rate per Hour
|
per Hour
|
|
$
|
$
|
1 car
|
39.56
|
30.67
|
3 car
|
47.88
|
38.04
|
4 car
|
54.11
|
43.28
|
5 car
|
57.40
|
45.33
|
6 car
|
62.06
|
49.53
|
1 car tilt
|
46.24
|
35.42
|
Intrastate Work
|
Vehicle
|
Standing and
Running Rate $ per Km
|
|
1 Car
|
76.23
|
|
3 Car
|
109.18
|
|
4 Car
|
120.89
|
|
5 Car
|
134.12
|
|
6 car
|
144.18
|
|
1 car tilt
|
89.42
|
|
Table E
Port Kembla (Including 2% Trailer Hire)
Local Work
|
Zone Rates per Car
Carriage - Prime Mover
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base rate
|
181.70
|
264.80
|
295.98
|
326.07
|
348.70
|
222.50
|
1
|
202.29
|
291.65
|
327.00
|
359.11
|
384.72
|
247.56
|
2
|
222.88
|
318.50
|
357.59
|
392.14
|
420.76
|
288.58
|
3
|
243.46
|
345.33
|
388.20
|
425.18
|
456.79
|
297.69
|
4
|
264.03
|
372.17
|
418.80
|
458.22
|
492.81
|
322.74
|
5
|
310.36
|
432.58
|
487.67
|
532.56
|
573.88
|
379.14
|
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
|
181.70
|
88.26
|
74.10
|
65.22
|
58.12
|
222.50
|
1
|
202.29
|
97.22
|
81.74
|
71.83
|
64.12
|
247.56
|
|
2
|
222.88
|
106.17
|
89.40
|
78.43
|
70.12
|
288.58
|
|
3
|
243.46
|
115.11
|
97.05
|
85.03
|
76.12
|
297.69
|
|
4
|
264.03
|
124.06
|
104.71
|
91.65
|
82.14
|
322.74
|
|
5
|
310.36
|
144.20
|
121.93
|
106.51
|
95.65
|
379.14
|
|
Vehicle
|
Standing and
Running
|
Standing Rate
|
|
Rate per Hour
|
per Hour
|
|
$
|
$
|
1 car
|
41.18
|
32.20
|
3 car
|
53.68
|
38.50
|
4 car
|
61.21
|
44.30
|
5 car
|
66.08
|
47.13
|
6 car
|
72.05
|
54.77
|
1 car tilt
|
50.12
|
38.80
|
Intrastate Work
|
Vehicle
|
Standing and
Running Rate cents per Km
|
|
1 Car
|
74.94
|
|
3 Car
|
116.33
|
|
4 Car
|
129.17
|
|
5 Car
|
143.46
|
|
6 car
|
149.75
|
|
1 car tilt
|
92.28
|
|
Table F (Including 2% Trailer Hire)
Port Kembla
Local Work
|
Zone Rates per Car
Carriage - Prime Mover
|
Zone
|
1 Car
|
3 Car
|
4 Car
|
5 Car
|
6 Car
|
1 Car
|
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Capacity
|
Tilt
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Base rate
|
184.90
|
256.86
|
290.94
|
315.93
|
341.05
|
212.14
|
1
|
204.92
|
281.09
|
318.59
|
345.12
|
372.59
|
239.99
|
2
|
224.95
|
305.34
|
346.25
|
374.29
|
404.13
|
270.87
|
3
|
244.97
|
329.59
|
373.91
|
403.48
|
435.67
|
281.50
|
4
|
264.99
|
353.83
|
401.57
|
432.67
|
467.46
|
304.62
|
5
|
310.03
|
408.38
|
463.81
|
498.32
|
538.20
|
356.64
|
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
|
184.90
|
85.62
|
72.73
|
63.19
|
56.83
|
212.14
|
1
|
204.92
|
93.69
|
79.64
|
69.01
|
62.10
|
239.99
|
2
|
224.95
|
101.78
|
86.57
|
74.86
|
67.36
|
270.87
|
3
|
244.97
|
109.86
|
93.48
|
80.69
|
72.61
|
281.50
|
4
|
264.99
|
117.95
|
100.39
|
86.54
|
77.88
|
304.62
|
5
|
310.03
|
136.13
|
115.95
|
99.66
|
89.69
|
356.64
|
Vehicle
|
Standing and
Running
|
Standing Rate
|
|
Rate per Hour
|
per Hour
|
|
$
|
$
|
1 car
|
40.05
|
30.63
|
3 car
|
48.49
|
38.03
|
4 car
|
55.32
|
43.27
|
5 car
|
58.36
|
45.32
|
6 car
|
63.08
|
49.48
|
1 car tilt
|
46.23
|
35.39
|
Intrastate Work
|
Vehicle
|
Standing and Running
Rate cents per Km
|
|
1 Car
|
78.06
|
|
3 Car
|
112.26
|
|
4 Car
|
126.98
|
|
5 Car
|
139.31
|
|
6 car
|
149.89
|
|
1 car tilt
|
89.36
|
|
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
|
$656.70
|
41.99
|
|
Worker
|
|
|
Capital
|
ABS Consumer Price Index (CPI), Transportation Group,
|
97.9
|
17.17
|
|
Motor Vehicles
|
|
|
Insurances
|
ABS CPI Financial and insurance services, Insurance
Services
|
316
|
10.74
|
Registration
|
ABS CPI, Transportation Group, Other Motoring Charges.
|
246.5
|
4.57
|
Repairs &
|
ABS CPI, Transportation Group, Motor Vehicle Repair and
|
166
|
6.46
|
Maintenance
|
Servicing
|
|
|
Tyres
|
ABS CPI, Transportation Group, Motor Vehicle Parts and
|
143.2
|
1.30
|
|
Accessories
|
|
|
Fuel
|
AIP NSW State Average for the Retail Price of diesel
|
112.33
|
15.44
|
|
(excluding GST), calculated by determining the average of
the
|
|
|
|
weekly figures between the end of the quarter relating to the
|
|
|
|
last variation and the end of the quarter prior to any new
|
|
|
|
variation. Such calculations must only take into
consideration
|
|
|
|
figures for each relevant full quarter of the year. The end of
|
|
|
|
quarters are as follows: December 31, March 31, June 30
and
|
|
|
|
September 30.
|
|
|
Administration
|
ABS CPI, All Groups, Sydney
|
168.1
|
2.33
|
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 combined
benchmarks for the cost components of fuel, insurances, tyres, and repairs and
maintenance move between adjustments to the extent that a variation to the
total rates of more than either a positive or negative 2 per cent, then an
interim adjustment to the rates 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 three (3) months after the date which
such variation is approved by the Industrial Relations Commission of New South
Wales. This shall not apply to any interim adjustment.
6. This variation
shall take effect from 25 February 2010.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.