Transport Industry - Excavated Materials, Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 937 of 2013)

 

 

VARIATION

 

1.         Delete from clause 1, Definitions of the contract determination published 24 October 1997 (301 I.G. 1082):the definition of "The Act" and insert in lieu thereof the following:

 

"The Act" means the Industrial Relations Act 1996.

 

2.         Delete from the said clause 1 the definition of "Large Material" and insert in lieu thereof the following:

 

"Large Material" means material 76.2 cm gauge or over, measured at its maximum dimension (being rock, concrete, tree stumps, footings or R.S.J.s, etc.)

 

3.         Delete from the said clause 1 the definition of ""Sydney City Area" and insert in lieu thereof the following:

 

"Sydney City Area" means the area in Central Sydney bounded by City Road, Cleveland Street, Dowling Street, McLachlan Avenue, Waratah Street, Elizabeth Bay and Harbour foreshore to Pyrmont Bridge Road at Blackwattle Bay, and Wentworth Park Road, to Broadway."

 

4.         Delete from the said clause 1 the definition of "Union" and insert in lieu thereof the following:

 

""Union" means the Transport Workers’ Union of New South Wales (registered under the Act as an Association of Contract Carriers)."

 

5.         Delete subclause 3.5 of clause 3, Kilometre Rates, and renumber subsequent subclauses accordingly.

 

6.         Delete subclause 5.1, 5.2, and 5.3 of clause 5, Other Rates and renumber subsequent subclauses accordingly.

 

7.         Delete from clause 6, Payments Included in the Rates, the words:

 

"all paid public holidays as provided for in the Transport Industry Interim (State) Award published 17 July 1992 (270 I.G. 611), as varied"

 

and insert in lieu thereof the following:

 

"all public holidays as provided for by applicable legislation"

 

8.         Delete subclause 9.2 of clause 9, Personnel, and insert in lieu thereof the following:

 

9.2       Drivers employed by contract carriers pursuant to clause 8.1 - Minimum Hire, must be employed at least under the minimum terms and conditions (whether governed by legislation or industrial instrument) that apply to the driver’s employment.

 

9.         Delete paragraph 13.2.4 of subclause 13.2 of clause 13, Settlement of Disputes, and insert in lieu thereof the following:

 

13.2.4 If the matter remains unresolved, notification may be made to the Industrial Relations Commission of New South Wales by either party under the terms of the Act.

 

10.       Delete from clause 21, Area, Incidence and Duration, the words "Roads and Traffic Authority" and replace with "Roads and Maritime Services"

 

11.       Delete Part B - Rates of Remuneration and insert in lieu thereof the following:

 

PART B

 

RATES OF REMUNERATION

 

Item	2 Axles	3 Axles	4 Axles	5 Axles	6 Axles	7 Axles
	($)	($)	($)	($)	($)	($)
1. Loading Rate	18.029	28.073	34.096	40.568	43.687	47.466
1A. Extra capacity	3.107	3.107	3.107	3.107	3.107	3.107
(per cubic metre)
2. Kilometre Rate (0-8)	4.534	7.063	8.577	10.206	10.988	11.941
2A. Extra Capacity	0.782	0.782	0.782	0.782	0.782	0.782
(per cubic metre)
3. Kilometre Rate	4.195	6.534	7.938	9.443	10.172	11.052
(over 8-25)
3A. Extra Capacity	0.724	0.724	0.724	0.724	0.724	0.724
(per cubic metre)
4. Kilometre Rate	3.30	3.30	3.30	3.30	3.30	3.30
(over 25)
4A. Extra Capacity	0.672	0.672	0.672	0.672	0.672	0.672
(per cubic metre)
5. Hourly Rate	59.112	92.044	111.831	132.956	143.187	162.926
6A. Extra Capacity	10.225	10.225	10.225	10.225	10.225	10.225
(per cubic metre)

 

12.       Delete table A, Benchmarks of Part C - Rise and Fall Formula, and insert in lieu thereof the following:

 

A. Benchmarks

 

Cost Component	Benchmark (Percentage Increase of Costs)
Labour	Road Transport and Distribution Award, as varied, Transport Worker Grade 4
Fuel	BP Terminal Gate Price for Diesel Fuel Sydney. Average over 1 month
	immediately proceeding an application to vary the Determination
Repairs and	CPI index for the "Transportation Group, Private Motoring, Motor vehicle
Maintenance	repair and servicing in Sydney"
Tyres	The average cost of the sum of the following tyres, or if discontinued, the
	relevant replacement tyres:
	i.           Good Year 295/80R22.5
	ii.          Dunlop 295/80R22.5
Insurance	The average cost of the sum of indicative insurance quotes from Jardine Lloyd
	Thompson Pty Ltd for the two vehicles and trailer in the "Depreciation"
	benchmark.
Registration & Third	Roads and Maritime Services set cost for a 3 axle truck and 3 axle dog trailer.
Party
Depreciation	Index based on the total of the recommended retail price of the following
	vehicles:
	i.           Kenworth T409SAW; and
	ii.          Mack Granite;
	divided by 2, plus the cost of the following trailer:
	i.           3 axle "Hardox Dog Trailer"
Interest	Rate specified by the Reserve Bank of Australia under "Lending Rates; Small
	Business: Variable: Other; Overdraft". This rate can be found at
	www.rba.gov.au/statistics/tables
Sundries	Index for CPI - All Groups for Sydney

 

13.       Delete table B. Weightings for Cost Components of the said Part C and insert in lieu thereof the following:

 

B. Weightings for Cost Components

 

Cost Component	Percentage of Total Cost
Repairs and Maintenance	16.2
Fuel	12.5
Tyres	6.3
Insurance	5.3
Registration	2.5
Depreciation	14.4
Labour	31.7
Interest	7.8
Sundries	3.3
Total	100

 

14.       This variation shall operate from the beginning of the first full pay period to commence on or after 15 August 2014.

 

 

 

 

J. D. STANTON, Commissioner

 

 

 

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Printed by the authority of the Industrial Registrar.