Transport Industry - Quarried Materials, &c., Carriers Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 884 of 2013)

 

 

AWARD

 

1.         Delete paragraph (c) of subclauses (vi) of clause 2, Cartage Rates of the contract determination, published 14 August 1992 (271 I.G. 78), and insert in lieu thereof the following:

 

(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 Annexure "A" of this determination up to a maximum of 0.43% of the rate otherwise payable to the carrier for the performance of that contract of carriage.

 

2.         Delete Schedule 1: Quantity/Distance and Hourly Hire Rates, of Annexure "A", Cartage Rates, and insert in lieu thereof the following:

 

SCHEDULE 1

 

QUANTITY/DISTANCE AND HOURLY HIRE RATES

 

Quantity/Distance + Hourly 2013
Symbol	Item	Rate		Unit
		$
F.F	Flag Fall	4.24		Per Tonne
A		0.25		Per Tonne
B		0.23		Per Tonne
C		0.22		Per Tonne
D		0.19		Per Tonne
E		0.18		Per Tonne
F		0.17		Per Tonne
G		0.16		Per Tonne
H	Large Material	1.28		Per Tonne
I	Large Material 600+ material	2.16		Per Tonne
Quantity/ Distance + Hourly 2011
Symbol	Item		Rate		Unit
			$
F.F	Flag Fall		3.988		Per Tonne
A			0.235		Per Tonne
B			0.214		Per Tonne
C			0.203		Per Tonne
D			0.181		Per Tonne
E			0.171		Per Tonne
F			0.161		Per Tonne
G			0.152		Per Tonne
H	Large Material		1.201		Per Tonne
I	Large Material 600+ material		2.029		Per Tonne
External Hourly Rates 2011
J	2 Axle Vehicle		54.96		Per Hour
K	3 Axle Vehicle		66.12		Per Hour
L	4  Axle Vehicle		76.69		Per Hour
M	5 Axle Vehicle		98.81		Per Hour
N	6 Axle Vehicle		104.51		Per Hour
External Hourly Rates 2013
J	2 Axle Vehicle		58.42		Per Hour
K	3 Axle Vehicle		70.28		Per Hour
L	4  Axle Vehicle		81.52		Per Hour
M	5 Axle Vehicle		105.03		Per Hour
N	6 Axle Vehicle		111.09		Per Hour
Internal Hourly Rates 2011
O	2 Axle Vehicle		72.69		Per Hour
P	3 Axle Vehicle		76.06		Per Hour
Q	4  Axle Vehicle		88.19		Per Hour
R	5 Axle Vehicle		113.66		Per Hour
S	6 Axle Vehicle		118.57		Per Hour
Internal Hourly Rates 2013
O	2 Axle Vehicle		77.27		Per Hour
P	3 Axle Vehicle		80.85		Per Hour
Q	4  Axle Vehicle		93.74		Per Hour
R	5 Axle Vehicle		120.82		Per Hour
S	6 Axle Vehicle		126.04		Per Hour

 

3.         Delete paragraph (4) in subclause 7, of Schedule 1, and insert in lieu thereof the following:

 

(4)        The fuel index, reflecting current rates is 143.64 cents.  This is exclusive of GST.

 

4.         Delete Schedule 2, Cost Component Formula, and Schedule 3, Benchmarks, and insert in lieu thereof the following:

 

SCHEDULE 2

 

COST COMPONENT FORMULA

 

Component	New Weightings
Wages including Maintenance Labour	33.31570
Fuel and Oil	24.20036
Repair Parts	12.25982
Tyres	3.83408
Depreciation	7.94701
Rego	3.30723
Other Fixed Costs	15.13580
TOTAL	100.00000

 

SCHEDULE 3

 

BENCHMARKS

 

Applications for adjustment shall be made by reference to movements in the following benchmarks for each of the following cost components:

 

Component	Benchmark	Confirmed	Source of figures to be used
		Base
Labour	Road Transport	710.98	Road Transport and Distribution Award 2010 -
	and Distribution		NSW  Transitional Rate for a Grade 5 Driver
	Award 2010
Fuel	AIP NSW State	158.00	http://www.aip.com.au/pricing/retail/diesel
	weekly average for		/index.h tm
	the retail price of
	diesel at 1
	September 2013
Repair Parts	ABS Consumer	105.60	Australian Bureau of Statistics Consumer Price
	Price Index (CPI),		Index Series 6401.0 September Quarter 2013
	Transportation
	Group,
	Maintenance and
	Repair of Motor
	Vehicles
Tyres/	ABS Consumer	100.30	Australian Bureau of Statistics Consumer Price
Accessories	Price Index (CPI),		Index Series 6401.0 September Quarter 2013
	Transportation
	Group, Private
	Motoring Spare
	Parts and
	Accessories for
	Motor Vehicles
Depreciation	ABS Consumer	96.10	Australian Bureau of Statistics Consumer Price
	Price Index (CPI),		Index Series 6401.0 September Quarter 2013
	Transportation
	Group, Private
	motoring, Motor
	Vehicles
Registration	Registration and	Registration:	Roads and Traffic Authority (Registration) and
	Green Slip	Registration	GIO Insurance (Green Slip)
	Insurance Cost (no	Fee =$60.00
	excess cost) of a 3	(not
	axle truck, without	Including
	trailer, working	GST)
	and garaged in the	Road use
	Sydney	charge =
	Metropolitan Area	$880.00
	with a tare weight	(not
	of 10 tonne and a	Including
	registered GVM of	GST)
	greater than 16	Heavy
	tonne. Shape code:	Vehicle
	TPR. Avg year:	Inspections
	2000, Avg age	= $204
	driver: 40	(including
		GST)
		Total for
		Registration
		= $1144
		Green Slip =
		$4664.96
		Total =
		$5,808,94
Other Fixed	ABS Consumer	104.30	Australian Bureau of Statistics Consumer Price
Costs	Price Index (CPI),		Index Series 6401.0 September Quarter 2013
	Sydney All Groups

 

5.         Delete "Schedule 4: Method of Calculation " of the Transport Industry - Quarried Materials, &c., Carriers Contract Determination, published 14 August 1992 (271 IG 89), as varied and insert in lieu therefore a new Schedule 4 in the following terms:

 

SCHEDULE 4

 

CONSULTATION

 

Adjustments to the Cartage Rates detailed in Annexure "A" must be determined in accordance with the procedures set out in Annexure "B", Schedule 1.

 

Applications may be made no more than twice each year.

 

Prior to an application being made to adjust the Cartage Rates in accordance with clause 4(ii), a representative of the party wishing to make an application must contact all other parties to the contract determination (i.e. the principal contractors or their representatives; or the Union, as the case may be) and seek to arrange a meeting with the representatives of those parties for the purposes of determining adjustments to the Cartage Rates.

 

The parties must attempt to determine the current costs by reference to the latest available published figure for each of the sources as listed in Annexure "B", Schedule 3.  Where the parties agree, the parties will then sign the source of documents from which the figures were obtained.

 

The representatives of the TWU and principal contractors will then prepare a document which sets out the agreed variation in rates to apply from a particular date.

 

The document should set out the following details:

 

Component	Base figures used in		Percentage of cost
	Previous	This calculation	After previous	After this
	calculation		calculation	calculation
Wages
Fuel
Repair Parts
Tyres
Depreciation
Registration
Other Fixed Costs

 

The parties may make a joint application under section 320 of the Industrial Relations Act 1996 (NSW). 

 

If the parties are unable to agree on the appropriate source documents or figures to be used, a party may make an application under section 320 of the Industrial Relations Act 1996 (NSW). 

 

The parties agree that, for the calculation of the first increase due under this formulae, (i.e., the increase to apply from 1.4.91 only) the following will occur to make allowance for the fact that increases in rates are now to occur from 1 April and 1 October as compared to 1 February and 1 August, as is currently the case.

 

The percentage increases calculated using the agreed formulae for each of the components of repair parts, tyres, depreciation and other fixed costs will be increased by a further 33.33 per cent. This figure is used as being representative of two months of increases (i.e., 2 months of a 6 months increase = 33.33 per cent).

 

The percentage increase used for wages, fuel and oil, and registration, will be the percentage increase between the figures shown as the confirmed base as at 1.7.90, and the respective figures as at the first Monday of March 1991.

 

The base figures for the initial rise and fall calculation were -

 

Symbol	Item	Rates	Unit
		$
F.F.	Flag Fall ($2.433)	2.433	Per Tonne
A		0.143	Per Tonne
B		0.132	Per Tonne
C		0.122	Per Tonne
D		0.111	Per Tonne
E		0.105	Per Tonne
F		0.099	Per Tonne
G		0.094	Per Tonne
H	Large Material 150-600 mm	0.733	Per Tonne
I	Large Material plus 600 mm	1.239	Per Tonne
J	2 Axle Vehicle	33.53	Per Hour
K	3 Axle Vehicle	40.36	Per Hour
L	4 Axle Vehicle	46.80	Per Hour
M	5 or 6 Axle Vehicle	60.31	Per Hour

 

6.         This variation shall take effect from the first pay period to commence on or after 1 February 2014.

 

 

 

 

J. D. STANTON, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.