Transport Industry - General Carriers Contract
Determination 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 48046 of 2019)
|
Before Commissioner Webster
|
6 August 2019
|
DETERMINATION
Clause No. Subject Matter
PART 1 -APPLICATION AND OPERATIONB
1. Definitions
2. Application
3. Savings
clause
4. Promotion
of Determination
PART 2 - OPERATIONAL MATTERS
5. Vehicles
6. Loading
and Delivery
7. Fatigue
Management and Heavy Vehicle Compliance
8. Uniforms
9. Lunch
Break
10. Annual
Leave
PART 3- RIGHTS AND RESPONSIBILITIES
11. Contract
Carrier Obligations
12. Principal
Contractors’ Obligations
13. Termination
14. Insurance
15. Allocation
of Work and Rostering
16. Fleet Mix
Change
17. Selling of
Vehicles
18. Supervision
of Personnel
PART 4 - RATES AND REMUNERATION
19. Application
of this Part
20. Rates of
Remuneration
21. Alternative
Remuneration Arrangements
22. Mass
Management
23. Coverage
Review
24. Three
Yearly Cost Reconciliation Review
25. Tolls &
Charges
PART 5- MISCELLANEOUS
26. Disputes
Procedure
27. Union
Delegates
28. Record
keeping
29. Leave
reserved
Schedule A - Transitional Rates of Remuneration
Schedule B - New Rates of Remuneration
Schedule C - Waterfront and Container Depots
Schedule D - Old Allowances
Schedule E - Procedure and Time for Adjustments of Rates
Schedule F - Old Rates of Remuneration
Schedule G - Nominated Contract Determinations
PART 1 - APPLICATION AND OPERATIONB
1. Definitions
1.1 In this
Determination:
Act means the Industrial Relations Act 1996 (NSW);
Additional Amount has the meaning attributed
to it in Schedule B;
Carrying Capacity in relation to a Vehicle
means the mass of the maximum load which the Vehicle may legally carry;
Cartage Rate Schedule means a written schedule (which may be an
electronic document) identifying:
(a) the
basis of calculation of the Cartage Rates (e.g. per hour, per km or some other
basis);
(b) the
amount of remuneration to be paid to the Contract Carrier for the Cartage Work
(e.g. $100 per hour); and
(c) the
timing of the payment of remuneration (e.g. the day of the week on which
remuneration will be paid and the pay period).
Cartage Work means work performed under a
Contract of Carriage;
Cost Model means the spreadsheet marked as
Exhibit 1 in Matter No. 2019/48046;
Class of Vehicle means either a single axle
drive prime mover or a bogie axle drive prime mover or, in the case of any
other Vehicle, a Vehicle of a particular Carrying Capacity;
Contract of Carriage has the meaning given
to that expression by the Act;
Contract Carrier has the meaning given to
that expression by the Act;
Delegate means a Union delegate of Contract
Carriers based at a terminal and includes a co-delegate;
Determination means this Transport Industry
- General Carriers Contract Determination;
Driver means a natural person operating the Contract Carrier’s
Vehicle who is approved in accordance with clause 11.6;
Finishing Place means:
(a) the sites or
depots where the Contract Carrier is principally engaged (which may be a
network of depots within reasonable proximity); or
(b) where the
Principal Contractor and the Contract Carrier have agreed on an alternative
location, the agreed alternative location; or
(c) a place
specified by the Principal Contractor, but only if the Contract Carrier is not
principally engaged at a site or depot, save that any
agreed or specified Finishing Place must be reasonable in the circumstances;
IRC means the Industrial Relations
Commission of New South Wales;
Misconduct means consuming alcohol
immediately before, or while undertaking work for the Principal Contractor,
being under the influence of alcohol or a drug while undertaking work for the
Principal Contractor, being dishonest or abusive while undertaking work for the
Principal Contractor or in dealings with the Principal Contractor or customers,
consignors, consignees or their respective representatives, or falsifying
documents submitted to the Principal Contractor;
Nominated Contract Determination means a
determination listed in Schedule G and any successor to those determinations;
Principal Contractor has the meaning given
to that expression by the Act;
Regular Contract Carrier means a Contract
Carrier who operates under a contract with a Principal Contractor and who is
wholly or principally engaged by that Principal Contractor;
Specialised Vehicle means:
(a) a
rigid Vehicle with a tipping body;
(b) an
articulated Vehicle with a tipping trailer;
(c) a
Vehicle combination with a tipping trailer;
(d) a
rigid Vehicle with a tanker;
(e) an
articulated Vehicle with a tanker trailer;
(f) a
Vehicle combination with a tanker trailer;
(g) a
rigid or articulated Vehicle with a premixed concrete agitator;
(h) a
rigid, articulated or combination Vehicle that utilises a forklift or crane
that is used to load and/or unload the Vehicle carting bricks, roof tiles,
precast concrete panels, masonry or pottery;
(i) a Vehicle with a trailer designed for
the carrying of motor Vehicles; and
(j) a
Vehicle with a trailer designed to carry heavy machinery, operating plant or
wide loads (a float),
save that a Specialised Vehicle does not
include a Vehicle listed above if the Vehicle is being used in a manner or to
cart materials or products for which it would not customarily be used for;
Starting Place means:
(a) the sites or
depots where the Contract Carrier is principally engaged (which may be a network
of depots within reasonable proximity); or
(b) where the
Principal Contractor and the Contract Carrier have agreed on an alternative
location, the agreed alternative location; or
(c) a place
specified by the Principal Contractor, but only if the Contract Carrier is not
principally engaged at a site or depot,
save that any agreed or specified Starting Place must
be reasonable in the circumstances;
Union means the Transport Workers' Union of New South
Wales; and
Vehicle means a Vehicle used by a Contract
Carrier for the purpose of a Contract of Carriage.
Work Distance means the distance necessarily travelled
by a Contract Carrier in the course of performing a Contract of Carriage,
counted from the moment of departure from the Starting Place to the completion
of Cartage Work at the Finishing Place;
Work Time means the time during which a Contract
Carrier is necessarily engaged performing a Contract of Carriage. To avoid
doubt, Work Time includes all time during which the Contract Carrier is required
by the Principal Contractor to be at their disposal and/or at their direction,
but excluding time lost because of breakdowns or accidents and the time taken
by the Contract Carrier for meal breaks;
2. Application
2.1 This
Determination applies to all Contracts of Carriage other than Contracts of
Carriage:
(a) which
are covered by one of the Nominated Contract Determinations; and/or
(b) which
are performed using a Specialised Vehicle.
2.2 This Determination takes effect on and
from 6 August 2019 and shall have a nominal
term of 3 years.
3. Savings Clause
No Contract Carrier
shall suffer a reduction in their terms and conditions of engagement because of
the making of this Determination.
4.
Promotion of Determination
4.1 Within
fourteen days of the commencement of this determination the Principal
Contractor shall provide every Contract Carrier it currently engages a copy of
this Determination.
4.2 The Principal Contractor shall provide
every new Contract Carrier it engages after this Determination commences with a
copy of this Determination within seven days of the engagement.
4.3 A Principal Contractor shall provide every
Contract Carrier it engages with a copy of any variation to this Determination
within fourteen days of the commencement of the variation.
4.4 The obligations in paragraphs 4.1 to 4.3
of this clause may be satisfied by providing an electronic copy of the
instrument by email or other electronic means. A Principal Contractor may
require, and the Contract Carrier shall provide, a current email address for
that purpose.
4.5 Notwithstanding the terms of paragraphs
4.1-4.3 a Principal Contractor is not obliged to provide a copy of the
documents more than once in any 12 months.
4.6 A Principal Contractor shall display a
copy of the determination and any variations then in force. at the Principal
Contractor’s workplace.
PART
2 - OPERATIONAL MATTERS
5.
Vehicles
5.1 Supply and Suitability
The Contract Carrier must supply a Vehicle,
which must:
(a) meet
the Vehicle specification required by the Principal Contractor; and
(b) be
approved by the Principal Contractor prior to performing Cartage Work.
5.2 Registration
The Contract Carrier must at the Contract
Carrier’s own expense register their Vehicle.
5.3 Maintenance
and Repair
The Contract Carrier must mechanically
maintain and repair their Vehicle at their own expense.
5.4 Running
Expenses
The Contract Carrier must pay all of the
running costs associated with the Contract Carrier’s Vehicle.
5.5 Cease Using
Vehicle
(a) Where a Principal Contractor has a
reasonable concern that a Contract Carrier’s Vehicle is not, or may not be,
roadworthy to perform the Cartage Work, the Principal Contractor may:
(i) direct the Contract Carrier to stop
using the Vehicle (or any part of it) pending;
(A) inspection
and/or testing of the Vehicle; and/or
(B) where
necessary, the carrying out of any repairs and/or maintenance.
(b) The Principal Contractor must not take
any steps under clause 5.5(a) until the Principal Contractor has put its
reasonable concern to the Contract Carrier.
(c) The Contract Carrier will not suffer any
loss of remuneration where they are directed to stop using their Vehicle under
this clause, and where the inspection and/or testing of the Vehicle proves that
the Vehicle was roadworthy to perform the Cartage Work.
5.6 Inspections
and Tests
The Contract Carrier must make the Vehicle
available for inspection or testing as and when reasonably required by the
Principal Contractor.
5.7 Communication
and Related Technology
(a) The
Principal Contractor may supply the Contract Carrier with communication and
related technology for use in the Contract Carrier’s Vehicle.
(b) Where such
communication and/or related technology is supplied by the Principal
Contractor:
(i) The
Principal Contractor must install and maintain the communication and related
technology required by the Principal Contractor and the Contract Carrier must
operate it efficiently as directed by the Principal Contractor.
(ii) The Contract Carrier has full
responsibility for the safe custody of the communication and related
technology.
(iii) The Contract Carrier must:
(A) not
add to, alter or modify the communication and related technology;
(B) indemnify the Principal Contractor, and keep the Principal
Contractor indemnified at all times, against destruction or loss of the
communication and related technology;
(C) not
pledge the credit of the Principal Contractor in respect of, or create any lien
upon, the communication and related technology; and
(D) not
without the prior written consent of the Principal Contractor use the
communication and related technology for anything but the Cartage Work.
(c) The
Contract Carrier must stop using the communication and related technology (or
any part of it) if the Principal Contractor so directs because in the Principal
Contractor's opinion that is appropriate pending the carrying out of any
repairs, maintenance, inspection or testing.
(d) Immediately
upon the ending or termination of any head contract under which the Contract
Carrier performs the Cartage Work:
(i) the Contract Carrier must return the
communication and related technology to the Principal Contractor in good order
and condition, save for any fair wear and tear only; and
(ii) the
Principal Contractor must make good any repairs to the Contract Carrier’s
Vehicle arising from the removal of the communication and related technology.
5.8 Vehicles
(a) The Principal Contractor has the right to
specify the age and the Class of Vehicle used in the performance of Contracts
of Carriage prior to the engagement of a Contract Carrier.
(b) If a Principal Contractor reasonably
believes that the Vehicle of the Contract Carrier is not suitable for undertaking
the required Cartage Work, the Principal Contractor has the right to require an
upgrade (which may include the purchase of a new or newer Vehicle) of the
Contract Carrier’s Vehicle subject to the provision of a period which is
reasonable in the circumstances and any such direction to upgrade being set out
in writing.
(c) The
Contract Carrier must not replace the Vehicle used to perform Cartage Work
without the prior written consent of the Principal Contractor.
5.9 Painting
and sign-writing
(a) Unless otherwise agreed, a Principal
Contractor may paint and/or sign-write the Contract Carrier's Vehicle in the
Principal Contractor's colours at the Principal Contractor's expense (but not
before the Contract Carrier has completed three months continuous Cartage Work
for the Principal Contractor).
(b) In the case of a Contract Carrier ceasing
to perform Work for the Principal Contractor, the Principal Contractor must
bear the cost of reversing any painting and sign-writing and removing all
equipment and signs supplied by the Principal Contractor and make good the
affected areas of the Vehicle to the original specification.
(c) A
Principal Contractor must take, and a Contract Carrier must cooperate with,
reasonable steps to minimise or avoid the loss of remuneration which would
otherwise be suffered by the Contract Carrier because the Vehicle is being
painted and/or sign-written at the request of the Principal Contractor,
including by:
(i) providing the Contract Carrier with an
alternative vehicle with which to perform work; and/or
(ii) by
painting or sign-writing the Vehicle during a period in which the driver has
previously arranged to take leave; and/or
(iii) by
the Principal Contractor compensating the Contract Carrier for any loss of
remuneration suffered.
6. Loading and Delivery
6.1 Report
at Starting Place and Time
The Contract Carrier must report available
for the Cartage Work with the Vehicle at the Starting Place.
6.2 Checking
of Load
After loading the Vehicle and before leaving
the loading place, the Contract Carrier must:
(a) ensure
that the load is secured; and
(b) immediately
report to the Principal Contractor if the Contract Carrier believes that the
goods do not comply with the specification on the delivery docket or exceeds
the maximum legal payload for the Vehicle.
6.3 Delivery
Immediately after checking the load the
Contract Carrier must deliver the goods to whatever addresses the Principal
Contractor instructs using:
(a) the
route directed by the Principal Contractor; or
(b) if
no such direction is given, using the shortest practicable route.
6.4 Unloading
The Contract Carrier must:
(a) use
every reasonable effort at the delivery site to obtain:
(i) directions from the customer concerning
the manner and position to unload the goods; and
(ii) from
the customer the signatures required by the Principal Contractor; and
(b) unload
the goods at the delivery site in the manner and position reasonably directed
by the customer.
6.5 Unsafe
Unloading
If the unloading of the goods at any
delivery site will place the Driver in a position of imminent risk to their
health and safety, the Contract Carrier must immediately notify the Principal
Contractor prior to unloading the goods and comply with any instructions given
by the Principal Contractor concerning the unloading of the goods.
6.6 Return
After completing the deliveries, the
Contract Carrier must report to whatever site (if any) the Principal Contractor
instructs using the shortest practicable route from the final unloading site.
6.7 Custody
The Contract Carrier shall:
(a) be responsible for the equipment and gear
and for the safe loading of the Vehicle and the securing and appropriate
weather protection of the load and shall be present to supervise and assist in
the loading and unloading of the Vehicle and/or the container loaded on the
Vehicle;
(b) in the case of pre-loaded Vehicles, be
responsible for checking the load for safety and satisfactory method of
loading; and
(c) exercise all reasonable care and
diligence in the carriage and safe keeping of the goods in charge.
7. Fatigue Management and Heavy Vehicle
Compliance
7.1 Fatigue management and heavy vehicle
compliance
Fatigue management and heavy vehicle
compliance is principally regulated in NSW by the:
(a) Heavy
Vehicle National Law, and associated regulations;
(b) Work Health and Safety Act 2011 (NSW);
and
(c) Transport
Industry Mutual Responsibility Contract Determination.
7.2 Taking of Fatigue Breaks
Each Contract Carrier must
take fatigue breaks, without payment, as required by law.
8. Uniforms
8.1 Supply of Uniform
If the Driver of the
Contract Carrier’s Vehicle is required by the Principal Contractor to wear a
special uniform when undertaking Cartage Work for the Principal Contractor, the
uniform must be supplied by the Principal Contractor at no cost to the Contract
Carrier.
8.2 Obligation to wear
Where a uniform is so
provided, the Contract Carrier must ensure that it is worn by the Driver at all
times while undertaking Cartage Work for the Principal Contractor.
8.3 Property
The uniform remains the
property of the Principal Contractor.
8.4 Quantity
The Principal
Contractor must provide a sufficient number of uniform articles to enable the
Contract Carrier to wear a clean uniform at the start of each Cartage Working
day.
8.5 Replacement
An item forming part of
the uniform must be replaced by the Principal Contractor when required by fair wear
and tear, provided that should loss or damage to an item forming part of the
uniform occur due to the negligence of the Contract Carrier, the item must be
repaired or replaced by the Contract Carrier at the Contract Carrier’s cost.
9. Lunch Break
9.1 Entitlement
Each Contract Carrier
is entitled to and must take a 30 minute unpaid lunch break on each day Cartage
Work is performed for a Principal Contractor for more than 4 hours provided
that where it is safe and reasonably practicable to do so, the Contract Carrier
must take the lunch break in conjunction with a fatigue break.
9.2 Reporting
A Contract Carrier who
ceases Cartage Work for a lunch break in accordance with clause 9.1 must report
that fact to the Principal Contractor.
10. Annual Leave
10.1 Entitlement
A
Regular Contract Carrier may take four weeks' annual leave without payment.
10.2 When the Entitlement Falls Due
The leave entitlement
falls due each year on the anniversary of the commencement date of the first
Contract of Carriage between the Contract Carrier and the Principal Contractor.
10.3 Period to Take Leave
Such leave is to be
taken by the Contract Carrier within 6 months of the leave falling due (or
within such extended time as the Contract Carrier and the Principal Contractor
may agree) and at a time mutually convenient to the Contract Carrier and the
Principal Contractor.
10.4 Utilisation of Vehicle
To avoid any doubt, and unless otherwise
agreed between the parties, during any period of annual leave the Contract Carrier
has no obligation to present their Vehicle to the Principal Contractor for
Cartage Work.
10.5 Lapse of Entitlement
If the leave is not
taken within the time provided for in this clause, the entitlement to the leave
will lapse.
PART
3 - RIGHTS AND RESPONSIBILITIES
11.
Contract Carrier Obligations
11.1 Core
Obligations
The Contract Carrier must perform the
Cartage Work and do everything connected with it:
(a) with
due care and skill and in a proper, co-operative and professional manner;
(b) safely,
and in accordance with the Principal Contractor's safety requirements;
(c) in
accordance with the day to day operational directions given by the Principal
Contractor;
(d) in
accordance with any lawful and reasonable direction, policy, procedure or
specifications provided by the Principal Contractor;
(e) without
jeopardising or damaging the Principal Contractor's business; and
(f) in
compliance with all relevant laws.
11.2 Compliance
with Employment Laws
The Contract Carrier must comply with the provisions of any relevant employment law,
including but not limited to laws concerning income tax, workers’ compensation,
superannuation, annual leave, long service leave or any award, order,
determination or agreement of a competent industrial tribunal.
11.3 Administration
The Contract Carrier must:
(a) return
to the Principal Contractor all delivery dockets, daily Cartage Work sheets or
other records required by the Principal Contractor as and when required;
(b) maintain
up to date and accurate log books as required under any relevant law and/or by
the Principal Contractor and make these available for inspection by the
Principal Contractor on request;
(c) ensure
that the Driver maintains a system verifying Vehicle maintenance;
(d) keep
and retain for seven years comprehensive records in relation to the Cartage
Work, including the records in subparagraphs (b) and (c) above; and
(e) ensure
that a copy of the records in subparagraphs (b), (c) and (d) are available for
inspection at any time for audit purposes.
Notation: Any written material to be
provided to the Principal Contractor in accordance with this clause must be
appropriate and economical and designed to meet the requirements of this
clause.
11.4 Medicals
(a) The
Contract Carrier must ensure that the Driver is at all times
medically fit to perform the Cartage Work.
(b) Where
the Principal Contractor has a reasonable concern that the Driver is not
medically fit to perform the Cartage Work, the Principal Contractor may require
and direct the Driver to:
(i) furnish
particulars and/or medical evidence affirming the Driver’s fitness to undertake
Cartage Work; and/or
(ii) on
reasonable terms, attend a medical examination to confirm their fitness (such
direction may include the choice of medical practitioner).
(c) The
Principal Contractor must not take any steps under clause 11.4(b) until the
Principal Contractor has put its concerns to the Contract Carrier in writing.
(d) If
the Driver attends a medical practitioner directed by the Principal Contractor,
the Principal Contractor will pay the medical fees associated with the
attendance.
(e) The
Driver will not suffer any loss of remuneration as a result of being directed
to attend a medical examination under this clause, unless the medical
examination demonstrates that the Driver was not medically fit to perform the
Cartage Work.
11.5 Alcohol
and Other Drugs Polices and Programs
Where the Principal Contractor has in place
a drug and alcohol policy and/or program, applying to its employees and
contractors, the Contract Carrier must ensure that the Driver participates in
any testing required by the policy and/or program.
11.6 No One Else to Drive Vehicle
The Contract Carrier must:
(a) only
use a Driver who is approved by the Principal Contractor, with such approval
not being unreasonably withheld; and
(b) make
sure that no one except the approved Driver drives or otherwise operates the
Vehicle for the Cartage Work.
11.7 Valid
Driving License and Permits
The Contract Carrier must:
(a) make sure that the approved
Driver is at all times the holder of a current:
(i) valid driver's licence appropriately
endorsed or issued in respect of their Vehicle; and
(ii) valid
licence or permit of any other kind needed from time to time to perform the
Cartage Work;
(b) immediately
notify the Principal Contractor if a licence or permit is cancelled or
suspended for any reason; and
(c) present
any such licence or permit to the Principal Contractor upon request.
12.
Principal Contractors’ Obligations
The Principal Contractor must:
(a) arrange whenever practicable for a
representative of the Principal Contractor to attend accidents involving substantial
load or equipment damage or personal injury;
(b) advise Contract Carriers as early as possible of
urgent or special delivery instructions arranged for particular work or
particular goods;
(c) where goods of a dangerous or hazardous
nature are to be carried, notify the Contract Carrier of the nature of such
goods and comply with all relevant requirements of the Dangerous Goods (Road
and Rail) Act, accompanying Regulations and its related Codes of Practice;
(d) pay the Contract Carrier any undisputed
amount set out in a valid taxation invoice provided by the Contract Carrier, or
generated for the Contract Carrier, for the Cartage Work performed, within 30
days of the date of receipt by the Principal Contractor of the invoice;
(e) wherever the Contract Carrier is or is
deemed to be for the purposes of the Workers Compensation Act a worker of the
Principal Contractor, take out and maintain at all times a workers'
compensation insurance policy in respect of the Contract Carrier;
(f) comply
with any laws affecting the Principal Contractor’s Cartage Work including
licensing, road transport, fatigue management and work health and safety laws;
and
(g) provide
to each Contract Carrier a Cartage Rate Schedule prior to commencing to perform
Cartage Work and whenever there is a change to the basis of calculation of the
Cartage Rates and/or a change to the Cartage Rates.
13. Termination
(a) Where
a Contract Carrier commits Misconduct or is in breach of this Determination
he/she may be terminated summarily by the Principal Contractor. An inquiry, if
requested, will be held thereafter within one normal work day by the Principal
Contractor, Delegate and, if available, a representative of the union.
(b) Any
other termination shall be on the basis of "last on-first off" for
Contract Carriers operating vehicles of a particular class of vehicle.
14.
Insurance
14.1 Insurances
Prior to commencing any Cartage Work, the
Contract Carrier must obtain, and maintain current at all relevant times, the following
insurances at the Contract Carrier’s expense:
(a) comprehensive
and third party motor Vehicle insurance covering personal injury and property
damage arising from the use of the Contract Carrier’s Vehicle or other mobile
equipment, including compliance with any statutory requirements, of not less
than $20,000,000 (or such other amount as the Principal Contractor may require
from time to time) for each and every occurrence;
(b) property
insurance covering the full replacement value of the Contract Carrier’s
Vehicle;
(c) public
and products liability insurance written on an occurrence basis covering the
legal liability of the Contract Carrier and the Contract Carrier’s employees
and agents (the "Insureds") to any third parties for bodily injury
and/or property damage arising from acts or omissions of the Insureds in the
course of, or arising from, the performance of the Cartage Works by the
Contract Carrier or on the Contract Carrier’s behalf of not less than
$20,000,000 (or such other amount as the Principal Contractor may require from
time to time) for each and every occurrence; and
(d) workers’
compensation insurance as required by any relevant law.
14.2 Endorsements
The Contract Carrier must ensure that, in
respect of the insurance policies taken out, they contain clauses, endorsements
or stipulations as reasonably required by the Principal Contractor.
14.3 Co-Operation
The Contract Carrier must:
(a) not
do, or omit to do, anything which might vitiate, impair or derogate from the
cover under any insurance policy or other cover or which might prejudice any
claim under any policy or other cover; and
(b) fully
co-operate with the Principal Contractor in relation to a claim under the
insurances.
14.4 Provision
of Currency
The Contract Carrier must upon the Principal
Contractor’s request provide to the Principal Contractor certificates of
currency evidencing the existence of the policies required to be effected under
this clause and the certificates of currency must, as a minimum, show the
insurer’s name, policy number and policy expiry date.
14.5 Other Insurances
If the Principal
Contractor requires a Contract Carrier to obtain an insurance other than the
insurances set out in clause 14.1 or to obtain different levels of insurance
cover, the Principal Contractor must reasonably compensate the Contract Carrier
for the cost of that insurance.
15. Allocation
of Work and Rostering
15.1 Allocation of Cartage Work
A Principal
Contractor must allocate Cartage Work to Contract Carriers transparently,
reasonably and lawfully.
15.2 Rostering
A Principal Contractor must roster Contract
Carriers to perform work (including rostering on, return load and rostering
off) transparently, reasonably and lawfully.
16.
Fleet Mix Change
16.1 Changing Fleet Mix - Mandatory Consultation
(a) This clause applies where a Principal
Contractor has made a definite decision to make a fleet mix change that is
likely to have significant effects on Contract Carriers.
(b) For a fleet mix change referred to in
paragraph 16.1(a):
(i) the Principal Contractor must notify the
relevant Contract Carriers of the decision to change the fleet mix; and
(ii) subclauses
(c) to (h) apply.
(c) The relevant Contract Carriers may appoint
a representative for the purposes of the procedures in this clause.
(d) If:
(i) a relevant Contract Carrier appoints, or
relevant Contract Carriers appoint, a representative for the purposes of
consultation; and
(ii) the
Contract Carrier or Contract Carriers advise the Principal Contractor of the
identity of the representative;
(iii) the
Principal Contractor must recognise the representative.
(e) As soon as practicable after making its
decision, the Principal Contractor must:
(i) discuss with the relevant Contract
Carriers:
(A) the
proposed change to the fleet mix; and
(B) the
effect the change is likely to have on the Contract Carriers; and
(C) measures
the Principal Contractor is taking to avert or mitigate the adverse effect of the
change on the Contract Carriers; and
(ii) for
the purposes of the discussion, provide in writing to the relevant Contract
Carriers:
(A) all
relevant information about the change including the nature of the change
proposed; and
(B) information
about the expected effects of the change on the Contract Carriers; and
(C) any
other matters likely to affect the Contract Carriers.
(f) However, the Principal Contractor is not
required to disclose confidential or commercially sensitive information to the
relevant Contract Carriers.
(g) The Principal Contractor must give prompt
and genuine consideration to matters raised about the change by the relevant
Contract Carriers.
(h) In this clause, a "fleet mix
change" arises:
(i) when a Principal Contractor decides to
introduce a new transport type into their fleet being one or more of the
following transport types:
(A) Contract
Carriers; or
(B) Drivers
employed by the Principal Contractor; or
(C) third
party transport providers;
(ii) when
a Principal Contractor introduces into their fleet a new Vehicle configuration.
17.
Selling of Vehicles
No circumstances shall exist where a Vehicle
is sold with Cartage Work.
18.
Supervision of Personnel
The Contract Carrier must ensure that each
and all of its Drivers:
(a) performs
the Cartage Work and does everything connected with it as is required of the
Contract Carrier by this Determination; and
(b) does not engage in any acts or omissions
that give rise to a breach by the Contract Carrier of this Determination.
PART 4 - RATES OF REMUNERATION
19. Application of This Part
19.1 This Part applies:
(a) to all Contracts of Carriage from one
place to another place, both of which are within the County of Cumberland; and
(b) to all Contracts of Carriage for the
transportation of goods from one place to another place, where the second place
is no more than 50 kilometres from the first place.
19.2 From 1 January 2019 this Part also applies
to a Contract of Carriage involving a single journey commencing within the
County of Cumberland and finishing within:
(a) a 50 kilometre
radius of the Newcastle GPO; or
(b) a rectangular area being 50 kilometres
North of the Wollongong GPO, 20 kilometres East of the Wollongong GPO, 50 kilometres
South of the Wollongong GPO and 20
kilometres West of the Wollongong GPO.
19.3 The extension of the coverage of Part 4 of
this Determination provided by clause 19.2 shall be the subject of review by
the IRC as soon as reasonably practicable following 1 January 2021.
NOTE:
Clause 23 provides for the establishment of working groups of Principal
Contractors, registered Associations of employing contractors, and registered
Associations of contract drivers and contract carriers for the purpose of providing
ongoing monitoring of this Determination, including the impact of the extension
of coverage provided by clause 19.2.
20.
Rates of Remuneration
20.1 Subject
to this clause, a Principal Contractor shall pay to a Contract Carrier:
(a) the
rate of remuneration per kilometre in the Schedules to this Determination
applicable to the Contract Carrier’s Vehicle for the Work Distance; and
(b) the
rate of remuneration per hour in the Schedules to this Determination applicable
to the Contract Carrier’s vehicle for the Work Time calculated to the nearest
half hour; and
(c) any
additional rate prescribed in the Schedules to this Determination.
20.2 Annual
Minimum Guarantee Cartage Rate - Small Trucks
(a) This
subclause applies on and from 1 January 2019, and only to the following classes
of vehicle:
(i) Rigid - carrying capacity over 2 and
including 5 tonnes; and
(ii) Rigid
- carrying capacity over 5 and including 8 tonnes.
(b) 50
x 50 Arrangement - Subject to this subclause and subclause (c), if a Principal
Contractor makes an agreement in writing with a Contract Carrier for a minimum
of 50 hours each week for 50 weeks for a 12 month period, or periods, the
Principal Contractor may pay the Contract Carrier 90% of the "Per
Hour" rate in Schedule B Table B.1.1 or B.2.1 (whichever is applicable to
the Contract Carrier’s Vehicle) for each hour that the Contract Carrier
performs the Cartage Work during that period.
(c) Subject
to subclause (d), with respect to Contract Carriers engaged as at 31 December
2018, a Principal Contractor may utilise a 50 x 50 Arrangement of the kind
described in subclause (b) where the Contract Carrier has been engaged by the
Principal Contractor for a minimum of 50 hours each week for 50 weeks in the
previous 12 month period (Existing Tied Contract Carrier), notwithstanding that
there is no agreement in writing between the Principal Contractor and the
Contract Carrier to that effect.
(d) Where
a Principal Contractor that engages an Existing Tied Contract Carrier wishes to
utilise a 50 x 50 Arrangement in circumstances described in sub clause (c):
(i) the Principal Contractor shall advise
the Existing Tied Contract Carrier in writing of the Principal Contractor’s
intention to utilise a 50 x 50 Arrangement. The notice shall include as a
minimum:
(A) the
date from which the Principal Contractor intends to utilise a 50 x 50
Arrangement, which shall be at least 8 weeks prior to its commencement; and
(B) the 12 month period, or periods, during which the Principal
Contractor will apply those provisions; and
(C) advising
the Existing Tied Contract Carrier that they have 4 weeks from the receipt of
the Principal Contractor’s notice to elect not to adopt a 50 x 50 Arrangement.
If the Existing Tied Contract Carrier elects not to adopt a 50 x 50
arrangement, which election not to adopt must not be unreasonable, they must
give the Principal Contractor a written notice of election to that effect;
(ii) within
4 weeks of receiving the Existing Tied Contract Carrier’s notice of election,
the Principal Contractor must either consent to or refuse the election, but
must not unreasonably so refuse; and
(iii) if
the Principal Contractor consents to the election, a 50 x 50 Arrangement will
not apply to the Existing Tied Contract Carrier.
(e) Nothing
in this subclause affects an obligation of a Principal Contractor to pay the
per/km rate applicable in Schedule B Tables B.1.1 or B.2.1, or any of the rates
in clauses B3, B4, B5 or B6 for the Cartage Work.
(f) Minimum
Earnings Guarantee - Reconciliation: If clause 20.2(b) or (c) applies to a
Contract of Carriage and in an 8 week period the Contract Carrier has not
worked at least 50 hours each week for whatever reason, then:
(i) the Principal Contractor must ensure
that the Contract Carrier receives an amount of pay (excluding any payment
arising from the per/km rates in Schedule B Tables B.1.1 or B.2.1, or from any
of the rates in clauses B3, B4, B5 or B6) equivalent to the Minimum Earnings
Guarantee.
(ii) f
there is any shortfall between the amount of pay paid to the Contract Carrier
(excluding any payment arising from the per/km rates in Schedule B clauses
B.1.1 or B.2.1, or from any of the rates in clauses B3, B4, B5 or B6) and the
Minimum Earnings Guarantee, the Principal Contractor must pay the shortfall to
the Contract Carrier in the Principal Contractor’s next pay cycle.
(g) Minimum
Earnings Guarantee - Calculation: The Minimum Earnings Guarantee is calculated
using the following formula:
(i) (per hour rate from Table B.1.1 x 90%) x
((50 x 8) minus Unavailable Hours) for Vehicles less than six years old; or
(ii) (per
hour rate from Table B.2.1 x 90%) x ((50 x 8) minus Unavailable Hours) for
Vehicles six or more years old.
(h) "Unavailable
Hours" are those hours that the Contract Carrier’s Vehicle is unavailable
to perform the Cartage Work during the hours the Contract Carrier is
required to make their Vehicle available in accordance with clause
20.2(b) above.
(i) Early Termination of 50 x 50 Arrangement:
Where a Principal Contractor decides to
terminate a 50 x 50 Arrangement prior to the expiration of the relevant 12
month period the Principal Contractor:
(i) will notify the Contract Carrier in
writing of its intention to terminate the 50 x 50 Arrangement. The notice will specify the date upon which
the 50 x 50 Arrangement will terminate, which shall be no fewer than 4 weeks
after the date of the notice; and
(ii) will
pay the Contract Carrier either:
(A) the
difference in remuneration the Contract Carrier would have earned had a 50 x 50
Arrangement not been entered into under this Part 4 for the relevant period,
but capped at 50 hours per week; or
(B) the
difference in remuneration between what the Contract Carrier earns for the
remainder of the relevant 12 month period (or periods) and what the Contract
Carrier would have earned had the 50 x 50 Arrangement, entered into under this
Part 4, not been terminated,
whichever is the lesser amount.
NOTE: The 50 x 50 Arrangement takes into
account Unavailable Hours.
(j) Termination
of Engagement during 50 x 50 Arrangement:
Where a Principal Contractor terminates the
engagement of a Contract Carrier to whom a 50 x 50 Arrangement applies, prior
to the expiration of the relevant 12 month period (or periods), the Principal
Contractor will pay to the Contract Carrier the difference in remuneration the
Contract Carrier would have earned had a 50 x 50 Arrangement not been entered
into under this Part 4 for the relevant period, but capped at 50 hours per
week.
However, this subclause will not apply in
the case of a termination for misconduct (which misconduct will not be limited
by clause 1.1), or a termination in circumstances where the Contract Carrier is
entitled to the benefits of the Transport Industry - Redundancy (State)
Contract Determination.
(k) 50
x 50 Arrangement not a Common Law Contract:
For the avoidance of doubt, any arrangement made under this Part will
not be construed as being, or forming, part of any common law contract or
arrangement, collateral or otherwise, whether written or oral, which may exist
between a Principal Contractor and a Contract Carrier with respect to Cartage
Work to which this Determination applies.
(l) Early
Termination of 50 x 50 Arrangement - Reconciliation: the payment referred to in clause 20.2(i)(ii)(A) or (B) is to be
calculated every 8 weeks, or part thereof, for the reminder of the relevant 12
month period (or periods).
20.3 Moratorium
on Phasing in of New Rates
(a) In
Matter No. 2016/24907 the IRC established a revised structure for the rates of
remuneration under this Determination (the rates in Schedule B - New Rates of
Remuneration, referred to in this clause as the New Rates).
(b) The
rates of remuneration in Schedule F - Old Rates of Remuneration and Schedule D-
Old Allowances (the Old Rates) shall continue until 1 January 2019.
20.4 Application
of Part 4 to New Geographical Coverage
(a) In
Matter No. 2016/24907 the IRC extended the application of Part 4 of the
Determination to Cartage Work not previously covered by the Determination as
provided in cl 19.2 above.
(b) From
the first full pay period commencing on or after 1 January 2019 the rates in
Schedule B - New Rates of Remuneration shall apply to the Cartage Work referred
to in clause 19.2. The phasing in scheme
described in cl 20.5 does not apply to Cartage Work described in subclause
19.2.
20.5 Transitional
Phasing in of New Rates
New Rate leads to increase from Old Rate
(a) If
a rate in the New Rates is higher than the equivalent rate in the Old Rates,
the New Rates will be phased in as follows:
(i) from the first full pay period
commencing on or after 1 January 2019, the rate in the Old Rates and 20% of the
Increase in the Rate of Remuneration apply;
(ii) from
the first full pay period commencing on or after 1 December 2019, the rate in
the Old Rates and 40% of the Increase in the Rate of Remuneration apply;
(iii) from
the first full pay period commencing on or after 1 December 2020, the rate in
the Old Rates and 60% of the Increase in the Rate of Remuneration apply;
(iv) from
the first full pay period commencing on or after 1 June 2022, the rate in the
Old Rates and 80% of the Increase in the Rate of Remuneration apply; and
(v) from
the first full pay period commencing on or after 1 June 2023, the New Rates
apply.
(b) For
the purpose of subclause 20.5(a) the phrase "Increase in the Rate of
Remuneration" means the difference between a rate of remuneration in the
Old Rates and a rate of remuneration in the New Rates.
New Rate leads to decrease from Old Rate
(c) If
a rate in the New Rates is lower than the equivalent rate in the Old Rates, the
New Rates will be phased in as follows:
(i) from the first full pay period commencing
on or after 1 January 2019, the rate in the Old Rates less 20% of the Decrease
in the Rate of Remuneration apply;
(ii) from
the first full pay period commencing on or after 1 December 2019, the rate in
the Old Rates less 40% of the Decrease in the Rate of Remuneration apply;
(iii) from
the first full pay period commencing on or after 1 December 2020, the rate in
the Old Rates less 60% of the Decrease in the Rate of Remuneration apply;
(iv) from
the first full pay period commencing on or after 1 June 2022, the rate in the
Old Rates less 80% of the Decrease in the Rate of Remuneration apply; and
(v) from
the first full pay period commencing on or after 1 June 2023, the New Rates
apply.
(d) For
the purpose of subclause 20.5(c) the phrase "Decrease in the Rate of
Remuneration" is the difference between a rate of remuneration in the New
Rates and a rate of remuneration in the Old Rates.
(e) The
transitional rates of remuneration calculated in accordance with this clause
are contained within Schedule A of this Determination.
20.6 Introduction
of Rates to new classes of Contracts of Carriage
(a) In
Matter No. 2016/24907 the IRC extended the application of Part 4 of the
Determination to Cartage Work not previously covered by the Determination,
including:
(i) transportation of goods requiring
refrigeration transport in refrigerated vehicles; and
(ii) transportation
of cash transported in non-armoured vehicles; and
(iii) removal
of furniture and effects from a place of residence to another place of
residence or storage; and
(iv) transport
of goods in the private pathology industry (where the Principal Contractor is
principally engaged in the private pathology industry and the Contracts of
Carriage are by rigid vehicles of less than 2 tonnes).
(b) Part
4 of the Determination shall not apply to the Cartage Work in subclauses
20.6(a)(i) to (iv) until the first full pay period
commencing on or after 1 January 2019.
(c) From
the first full pay period commencing on or after 1 January 2019 the rates in
Schedule B - New Rates of Remuneration shall apply. The phasing in scheme
described in cl 20.5 does not apply to Cartage Work in subclauses 20.6(a)(i) to (iv).
20.7 The
Old Rates and the New Rates will be varied in accordance with the procedure set
out in Schedule E. For variations made prior to 1 January 2019, or during the
transitional phasing in of the New Rates provided for by clause 20.5, the Old
Rates and New Rates shall each be varied concurrently and in the same
proportion or amount as the case may be.
21.
Alternative Remuneration Arrangements
21.1 Despite
clause 20, a Principal Contractor may pay a Contract Carrier based on a system
or method of remuneration different to that required by clause 20 (an
Alternative Remuneration Arrangement), provided that the Contract Carrier
receives, over a sixty-day period, no less than the pay they would otherwise
have received had they been paid in accordance with clause 20.1 for that
period.
21.2 An
Alternative Remuneration Arrangement must be in writing and:
(a) be
signed by the Contract Carrier and the Principal Contractor; and
(b) identify
the start date of the Alternative Remuneration Arrangement; and
(c) require the Principal Contractor to undertake an assessment
of the amount received by the Contract Carrier under the Alternative
Remuneration Arrangement every sixty-days
from the identified start date to ensure the Alternative Remuneration
Arrangement complies with clause 21.1.
21.3 Where
the amount paid to a Contract Carrier under an Alternative Remuneration
Arrangement in a sixty-day period is less than the pay they would have received
had they been paid in accordance with clause 20 for that period, the Principal
Contractor shall pay an amount (the Top Up Amount) to the Contract Carrier to
make up that difference.
21.4 The
Top Up Amount is to be paid within the next pay cycle.
22.
Mass Management
22.1 If
the Principal Contractor so directs, the Contract Carrier must do all things
required and necessary to be accredited and remain accredited under:
(a) the
Principal Contractor’s accredited NHVAS Mass Management Module for Basic
Fatigue Management or Advanced Fatigue Management (or any scheme replacing
this); or
(b) a
NHVAS Mass Management Module for Basic Fatigue Management or Advanced Fatigue
Management of the Contract Carrier.
22.2 In
circumstances where clause 22.1 applies the Principal Contractor must reimburse
the Contract Carrier for any reasonable costs directly arising from becoming
accredited or at their election pay the lump sum allowance set out in clause
B.4.2 of Schedule B to set up for the NHVAS Mass Management Scheme for Basic
Fatigue Management or Advanced Fatigue Management.
22.3 In
circumstances where clause 22.1 applies the Principal Contractor must reimburse
the Contract Carrier for any reasonable costs directly arising from maintaining
accreditation or at their election pay the allowance set out in clause B.4.3 of
Schedule B per hour to cover costs associated with maintaining that NHVAS Mass
Management Scheme for Basic Fatigue Management or Advanced Fatigue Management.
22.4 To
avoid any doubt clause 22.2 and/or 22.3 shall not apply if the Contract Carrier
has made their own decision to become and work under an accredited NHVAS Mass
Management Scheme for Basic Fatigue Management or Advanced Fatigue Management.
23.
Coverage Review
23.1 The
Principal Contractors, registered Associations of employing contractors, and registered
Associations of contract drivers and contract carriers who were parties to IRC
Matter No 2016/24907 shall form a working group that shall meet every 6 months
between 15 April 2017 and 1 January 2019, for the purpose of providing ongoing
monitoring of this Determination, including the impact of the extension of
coverage provided by cl 19.2.
23.2 As
soon as reasonably practicable after each meeting of the Parties referred to in
clause 23.1 above, the Union will write to the Industrial Registrar and request
that Matter No 2016/24907 be relisted for Report Back in order that the parties
may inform the Commission as to the impact of the extension of coverage
provided by clause 19.2.
23.3 As
soon as reasonably practicable after 1 January 2019, the Union will write to
the Industrial Registrar and request that Matter No 2016/24907 be relisted in
order for the Commission to consider the impact of the Determination following
its review in IRC Matter No 2016/24907, including in relation to the extension of
coverage provided by clause 19.2.
24.
Three Yearly Cost Reconciliation Review
24.1 Reconciliation
Subject to an application being made to
apply the Three Yearly True Cost reconciliation Review Process, the price
entries in the "Price Table" and the table "Trailers" of
the Key Data Variables sheet contained in the Cost Model should be updated
using sourcing that are relevant to and reflect the cartage work being
performed and such prices should reflect the lowest price available from a
reputable vendor which is accessible to Contract Carriers in the open market.
24.2 New
Rates
The new cartage rates shall be the rates
ascertained from the Schedule B Rates worksheet contained in the Cost Model
having made the change set out in Schedule B.3.1 below.
24.3 Operative
Date
Any new rates shall be operative from such
date as is determined by the Commission having regard to the need to inform
Principal Contractors and Contract Carriers of any change.
25. Tolls & Charges
(THIS CLAUSE IS LEFT BLANK INTENTIONALLY)
PART 5 - MISCELLANEOUS
26. Disputes Procedure
26.1 Application
of Procedure
Any dispute that arises between a Contract
Carrier and a Principal Contractor must be dealt with in accordance with this
clause.
26.2 Appointment
of Representative
A Contract Carrier who is a party to a
dispute may appoint a representative for the purposes of this clause which may
include the Union.
26.3 Procedure
In the first instance, the parties to the
dispute must try to resolve the dispute at the workplace level.
26.4 Notification
to Commission
If the dispute remains unresolved it may be
referred to the IRC.
26.5 Continue
to Perform Cartage Work
Whilst the parties are trying to resolve the
dispute using the procedure set out in this clause:
(a) a
Contract Carrier must continue to perform Cartage Work as they normally would
do unless they hold a reasonable concern about an imminent risk to their health
or safety; and
(b) a
Contract Carrier must comply with a direction given by their Principal
Contractor to perform other available Cartage Work, unless:
(i) the Cartage Work is not safe; or
(ii) applicable
workplace health and safety legislation would not permit the Cartage Work to be
performed; or
(iii) the
Cartage Work is not appropriate for the Contract Carrier to perform; or
(iv) there
are other reasonable grounds for the Contract Carrier to refuse to comply with
the direction.
27.
Union Delegates
27.1 Appointment
A Contract Carrier appointed Delegate in a
yard in which they are Contract Carrier must, upon notification to their
Principal Contractor, be recognised as the accredited representative of the
Union.
27.2 Opportunity
to Meet
An accredited Delegate must be allowed a
reasonable opportunity to meet the relevant manager of the Principal Contractor
and Contract Carriers to discuss matters affecting Contract Carriers whom they
represent.
27.3 Use
of Notice Board
Accredited Delegates must be permitted to
put Union notices on a notice board, signed or countersigned by the
representative posting it.
28. Record Keeping
28.1 Obligations
The
Principal Contractor must record either in documentary form or electronic form,
the following information for each Contract Carrier:
(a) any Cartage Rate Schedule;
(b) start and finish times;
(c) hours worked per day;
(d) kilometres travelled per day;
(e) Starting Place and Finishing Place;
(f) remuneration paid; and
(g) a copy of any written contract entered
into with the Contract Carrier; and
(h) all trip schedules and driver rosters;
and
(i) all safe
driving plans and risk assessments that relate to the fatigue of road transport
drivers; and
(j) all reported breaches and suspected
breaches of the fatigue management law, including breaches and suspected
breaches identified by the Principal Contractor; and
(k) all breaches of fatigue management laws
investigated by the Principal Contractor, the outcome and any remedial action
taken.
28.2 Maintenance of
Records
The
Principal Contractor must maintain all the records arising from clause 28.1 for
a period of seven years.
28.3 Contract
Carrier to Assist
(a) A Contract Carrier must do all things
reasonably directed by the Principal Contractor to gather and record the
information referred to in clause 28.1.
(b) A
Principal Contractor must not be liable for breach of this clause 28 because of
the failure of a Contract Carrier to comply with clause (a).
29. Leave Reserved
(a) Leave is reserved to any party to this Determination
to make application to the IRC to vary this Determination so as to provide for
toll charges.
(b) Leave is reserved to any party to this
Determination to apply to vary the Determination in respect of rates of
remuneration and related matters.
(c) Leave is reserved to any party covered by
this Determination to make an application
to vary the conditions or rates of pay
for "Long Distance Work" within the meaning of clause 13 of the
Transport Industry (State) Award (Serial C7740).
(d) Leave is reserved to any party covered by
this Determination to apply to vary the application of this Determination in
respect of the transport of pre-fabricated construction materials to and from
construction sites.
Schedule A - Transitional Rates of
Remuneration
NOTE: The
rates of remuneration in this Schedule apply in full to all Contracts of
Carriage covered by this Determination other than:
(a) the new classes of Contract of Carriage
as defined in clause 20.6 (a), including Contracts of Carriage for:
(i) transportation of goods requiring
refrigeration transport in refrigerated vehicles;
(ii) transportation of cash transported in
non-armoured vehicles;
(iii) removal of
furniture and effects from a place of residence to another place of residence
or
storage; and
(iv) transport of goods in the private
pathology industry (where the Principal Contractor is principally engaged in
the private pathology industry and the Contracts of Carriage are by rigid vehicles of less than 2
tonnes),
(b) Contract of Carriage involving a single
journey commencing within the County of Cumberland
and finishing within:
(i) a 50 kilometre
radius of the Newcastle GPO; or
(ii) a rectangular area being 50 kilometres
North of the Wollongong GPO, 20 kilometres East of the Wollongong GPO, 50
kilometres South of the Wollongong GPO and 20 kilometres West of the Wollongong
GPO,
and
(c) Contracts of Carriage performed in or in
connection with Container Depots and Waterfront areas.
A.1 Hourly and kilometre rates
A.1.1 Where the Commonwealth Government's fuel tax
credit subsidy is applicable
From the first full pay period commencing
on or after 1 August 2019:
|
Rigid
Vehicles
|
Vehicle
Age
|
|
Carrying
Capacity
|
|
|
|
<
1 year Old
|
1 -
3 Years
|
3-6
years
|
6
years+
|
|
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
Rate
|
(per
km)
|
|
(per
km)
|
|
(per
km)
|
|
(per
km)
|
|
Over 2 to 5 Tonnes
|
$39.64
|
$0.4134
|
$35.88
|
$0.4396
|
$30.53
|
$0.4382
|
$29.89
|
$0.4517
|
|
Over 5 to 8 Tonnes
|
$46.33
|
$0.5588
|
$40.98
|
$0.5611
|
$33.31
|
$0.5589
|
$32.38
|
$0.5744
|
|
Over 8 to 10 Tonnes
|
$53.59
|
$0.6906
|
$46.53
|
$0.6976
|
$41.11
|
$0.6954
|
$39.56
|
$0.7093
|
|
Over 10 to12 Tonnes
|
$67.88
|
$0.9459
|
$56.15
|
$0.9363
|
$47.78
|
$0.9343
|
$46.92
|
$0.9492
|
|
Over 12 to14 Tonnes
|
$84.55
|
$1.1662
|
$67.41
|
$1.1658
|
$55.39
|
$1.1633
|
$54.41
|
$1.1771
|
|
Over 14 Tonnes +
|
$93.50
|
$1.3882
|
$73.78
|
$1.3768
|
$59.21
|
$1.3741
|
$57.78
|
$1.3888
|
|
Single Axle Prime
Mover
|
$71.49
|
$1.2698
|
$59.12
|
$1.2752
|
$50.55
|
$1.2713
|
$48.37
|
$1.2816
|
|
Bogie Axle Prime Mover
|
$96.91
|
$1.4686
|
$76.60
|
$1.4676
|
$61.57
|
$1.4639
|
$59.21
|
$1.4748
|
From the first full pay period commencing
on or after 1 December 2019:
|
Rigid
Vehicles
|
Vehicle
Age
|
|
Carrying
Capacity
|
|
|
|
<
1 year Old
|
1
- 3 Years
|
3-6
years
|
6
years+
|
|
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
Rate
|
Rate
|
Standing
|
Rate
|
Standing
|
Rate
|
Standing
Rate
|
Rate
|
|
|
|
(per
km)
|
|
(per
km)
|
|
(per
km)
|
|
(per
km)
|
|
|
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
$41.60
|
$0.3906
|
$38.72
|
$0.4111
|
$34.62
|
$0.4086
|
$33.32
|
$0.4361
|
|
Over 5 to 8 Tonnes
|
$48.29
|
$0.5130
|
$44.11
|
$0.5148
|
$38.24
|
$0.5113
|
$36.35
|
$0.5427
|
|
Over 8 to 10 Tonnes
|
$55.50
|
$0.6421
|
$49.93
|
$0.6476
|
$45.79
|
$0.6440
|
$42.63
|
$0.672
|
|
Over 10 to 12 Tonnes
|
$66.98
|
$0.8496
|
$57.59
|
$0.8421
|
$51.19
|
$0.8383
|
$49.45
|
$0.8687
|
|
Over 12 to 14 Tonnes
|
$80.13
|
$1.0203
|
$66.34
|
$1.0199
|
$57.15
|
$1.0152
|
$55.15
|
$1.043
|
|
Over 14 Tonnes +
|
$87.94
|
$1.2188
|
$72.06
|
$1.2099
|
$60.92
|
$1.2047
|
$58.00
|
$1.2347
|
|
Single Axle Prime
Mover
|
$70.99
|
$1.1216
|
$61.09
|
$1.1258
|
$54.54
|
$1.1192
|
$50.12
|
$1.1400
|
|
Bogie Axle Prime Mover
|
$92.08
|
$1.3061
|
$75.72
|
$1.3053
|
$64.23
|
$1.2988
|
$59.43
|
$1.3207
|
From the first full pay period commencing
on or after 1 March 2020:
|
Rigid Vehicles
|
Vehicle Age
|
|
Carrying Capacity
|
|
|
|
< 1 year Old
|
1 - 3 Years
|
3-6 years
|
6 years+
|
|
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing Rate
|
Rate
|
Standing Rate
|
Rate
|
Standing Rate
|
Rate
|
Standing Rate
|
Rate
|
|
|
|
(per km)
|
|
(per km)
|
|
(per km)
|
|
(per km)
|
|
|
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
$42.47
|
$0.4062
|
$39.53
|
$0.4275
|
$35.36
|
$0.4236
|
$34.03
|
$0.4516
|
|
Over 5 to 8 Tonnes
|
$49.29
|
$0.5335
|
$45.02
|
$0.5354
|
$39.04
|
$0.5300
|
$37.11
|
$0.5621
|
|
Over 8 to 10 Tonnes
|
$56.63
|
$0.6692
|
$50.95
|
$0.6749
|
$46.73
|
$0.6695
|
$43.52
|
$0.6982
|
|
Over 10 to 12 Tonnes
|
$68.34
|
$0.8838
|
$58.77
|
$0.8760
|
$52.24
|
$0.8699
|
$50.47
|
$0.9009
|
|
Over 12 to 14 Tonnes
|
$81.76
|
$1.0617
|
$67.69
|
$1.0614
|
$58.32
|
$1.0539
|
$56.29
|
$1.0826
|
|
Over 14 Tonnes +
|
$89.72
|
$1.2697
|
$73.51
|
$1.2604
|
$62.16
|
$1.2522
|
$59.19
|
$1.2827
|
|
Single Axle Prime Mover
|
$72.43
|
$1.1716
|
$62.32
|
$1.1760
|
$55.67
|
$1.1658
|
$51.16
|
$1.1867
|
|
Bogie Axle Prime Mover
|
$93.93
|
$1.3639
|
$77.24
|
$1.3631
|
$65.54
|
$1.3528
|
$60.66
|
$1.3747
|
A.1.2 Where the Commonwealth Government's fuel tax
credit subsidy does not apply
From the first full pay period commencing
on or after 1 August 2019:
|
Rigid
Vehicles
|
Vehicle
Age
|
|
Carrying
Capacity
|
|
|
|
<
1 year Old
|
1 -
3 Years
|
3-6
years
|
6
years+
|
|
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
|
(c/km)
|
|
(c/km)
|
|
(c/km)
|
|
(c/km)
|
|
|
|
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
$39.64
|
46.1016
|
$35.85
|
46.1684
|
$30.54
|
46.0182
|
$29.90
|
47.3674
|
|
Over 5 to 8 Tonnes
|
$46.33
|
58.5289
|
$40.94
|
58.9046
|
$33.31
|
55.8838
|
$32.38
|
57.4267
|
|
Over 8 to 10 Tonnes
|
$53.59
|
71.8988
|
$46.49
|
73.0119
|
$41.11
|
69.6496
|
$39.56
|
71.0336
|
|
Over 10 to 12 Tonnes
|
$67.88
|
99.2534
|
$56.09
|
97.4998
|
$47.78
|
93.8082
|
$46.92
|
95.3001
|
|
Over 12 to 14 Tonnes
|
$84.55
|
122.1773
|
$67.32
|
122.3611
|
$55.39
|
116.3672
|
$54.41
|
117.7511
|
|
Over 14 Tonnes +
|
$93.50
|
145.9626
|
$73.69
|
144.1508
|
$59.21
|
137.6625
|
$57.78
|
139.132
|
|
Single Axle Prime
Mover
|
$71.49
|
133.1990
|
$59.05
|
134.0382
|
$50.55
|
127.1340
|
$48.37
|
128.1687
|
|
Bogie Axle Prime Mover
|
$96.91
|
153.9652
|
$76.51
|
153.8142
|
$61.57
|
146.5618
|
$59.21
|
147.6492
|
From the first full pay period commencing
on or after 1 December 2019:
|
Rigid Vehicles
|
Vehicle Age
|
|
Carrying Capacity
|
|
|
|
<
1 year Old
|
1 -
3 Years
|
3-6
years
|
6
years+
|
|
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
|
(c/km)
|
|
(c/km)
|
|
(c/km)
|
|
(c/km)
|
|
|
|
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
$41.60
|
42.7857
|
$38.69
|
42.8379
|
$34.63
|
42.5766
|
$33.33
|
45.3256
|
|
Over 5 to 8 Tonnes
|
$48.29
|
53.3700
|
$44.08
|
53.6635
|
$38.24
|
51.1244
|
$36.35
|
54.2679
|
|
Over 8 to 10 Tonnes
|
$55.50
|
66.4272
|
$49.89
|
67.2989
|
$45.79
|
64.4875
|
$42.63
|
67.3072
|
|
Over 10 to 12 Tonnes
|
$66.98
|
88.6038
|
$57.55
|
87.2334
|
$51.19
|
84.1259
|
$49.45
|
87.1657
|
|
Over 12 to 14 Tonnes
|
$80.13
|
106.3687
|
$66.28
|
106.512
|
$57.15
|
101.553
|
$55.15
|
104.373
|
|
Over 14 Tonnes +
|
$87.94
|
127.4671
|
$71.98
|
126.0489
|
$60.92
|
120.6689
|
$58.00
|
123.6630
|
|
Single Axle Prime
Mover
|
$70.99
|
117.0432
|
$61.04
|
117.7019
|
$54.54
|
111.9297
|
$50.12
|
114.0111
|
|
Bogie Axle Prime
Mover
|
$92.08
|
136.1877
|
$75.65
|
136.069
|
$64.23
|
130.014
|
$59.43
|
132.197
|
From the first full pay period commencing
on or after 1 March 2020:
|
Rigid Vehicles
|
Vehicle Age
|
|
Carrying Capacity
|
|
|
|
<
1 year Old
|
1
- 3 Years
|
3-6
years
|
6
years+
|
|
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
|
(c/km)
|
|
(c/km)
|
|
(c/km)
|
|
(c/km)
|
|
Over 2 to 5 Tonnes
|
$42.47
|
44.4927
|
$39.50
|
44.5470
|
$35.36
|
44.1371
|
$34.04
|
46.9366
|
|
Over 5 to 8 Tonnes
|
$49.29
|
55.5050
|
$44.99
|
55.8102
|
$39.04
|
52.9975
|
$37.11
|
56.1988
|
|
Over 8 to 10 Tonnes
|
$56.63
|
69.2337
|
$50.91
|
70.1422
|
$46.73
|
67.0411
|
$43.52
|
69.9126
|
|
Over 10 to12 Tonnes
|
$68.34
|
92.1717
|
$58.72
|
90.7461
|
$52.24
|
87.2999
|
$50.47
|
90.3955
|
|
Over 12 to 14 Tonnes
|
$81.76
|
110.6921
|
$67.62
|
110.8416
|
$58.32
|
105.4193
|
$56.29
|
108.2907
|
|
Over 14 Tonnes +
|
$89.72
|
132.7944
|
$73.44
|
131.3170
|
$62.16
|
125.4232
|
$59.19
|
128.472
|
|
Single Axle Prime
Mover
|
$72.43
|
122.2614
|
$62.27
|
122.9495
|
$55.67
|
116.5832
|
$51.16
|
118.6767
|
|
Bogie Axle Prime Mover
|
$93.93
|
142.2109
|
$77.17
|
142.0872
|
$65.54
|
135.4172
|
$60.66
|
137.6087
|
Schedule B - New
Rates of Remuneration
NOTE: The rates of remuneration
in this Schedule apply in full to:
(a) the new classes of Contract of Carriage as defined in clause 20.6
(a), including Contracts of Carriage for:
(i) transportation of goods requiring
refrigeration transport in refrigerated vehicles;
(ii) transportation of cash transported in non-armoured vehicles;
(iii) removal of
furniture and effects from a place of residence to another place of residence
or storage; and
(iv) transport of goods in the private pathology industry (where the
Principal Contractor is principally engaged in the private pathology industry
and the Contracts of Carriage are by rigid vehicles of less than 2 tonnes),
and
(b) Contract of Carriage involving a single journey commencing
within the County of Cumberland
and finishing within:
(i) a 50 kilometre
radius of the Newcastle GPO; or
(ii) a rectangular area being 50 kilometres North of the Wollongong
GPO, 20 kilometres East of the Wollongong GPO, 50 kilometres South of the
Wollongong GPO and 20 kilometres West of the Wollongong GPO,
The rates of remuneration in this Schedule are also used for
the purposes of calculating the transitional rates in Schedule A and Schedule
C.
B.1 Hourly and
kilometre rates-new vehicles
B.1.1 A contract
carrier performing work using a vehicle which is less than six years old must
be paid at least the hourly and kilometre rates set out in the following table
(rounded up to the nearest half hour, nearest kilometre and nearest cent). For
the avoidance of confusion, the per kilometre rate payable is the Running Rate.
The Running Rate is the total of the "Per km excluding fuel
component" and the "Per km fuel component". The "Per km
excluding fuel component" and the "Per km fuel component"
columns have been included for ease of reference when updating rates.
From the first full
pay period commencing on or after 1 August 2019:
|
Class
of Vehicle
|
Per
hour
|
Running
Rate
|
Per
km excluding fuel
|
Per
km fuel component
|
|
|
|
|
component
running rate
|
of
running rate for the
|
|
|
|
|
for
the purposes of
|
purposes
of
|
|
|
|
|
Schedule
E
|
Schedule
E
|
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity up to
and including
|
|
|
|
|
|
2 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
2 and including
|
43.97
|
0.26
|
0.11
|
0.15
|
|
5 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
5 and including
|
49.88
|
0.29
|
0.12
|
0.17
|
|
8 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
8 and
|
56.03
|
0.39
|
0.13
|
0.25
|
|
including 10 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
10 and including
|
57.23
|
0.42
|
0.17
|
0.25
|
|
12 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
12 and including
|
57.76
|
0.42
|
0.16
|
0.25
|
|
14 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
14 tonnes or more
|
61.06
|
0.51
|
0.18
|
0.32
|
|
Single Axle Prime Mover
|
62.04
|
0.48
|
0.13
|
0.34
|
|
Bogie Axle Prime Mover
|
66.98
|
0.59
|
0.17
|
0.42
|
From the first full
pay period commencing on or after 1 December 2019:
|
Class
of Vehicle
|
Per
hour
|
Running
Rate
|
Per
km excluding fuel
|
Per
km fuel component
|
|
|
|
|
component
running rate
|
of
the running rate for
|
|
|
|
|
for
the purposes of
|
the
purposes of
|
|
|
|
|
Schedule
E
|
Schedule
E
|
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity up to
and including
|
|
|
|
|
|
2 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
2 and including
|
44.92
|
0.27
|
0.11
|
0.16
|
|
5 tonnes
|
|
|
|
|
|
Rigid-carrying capacity 5 and
including
|
50.93
|
0.31
|
0.12
|
0.18
|
|
8 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
8 and including
|
57.20
|
0.40
|
0.14
|
0.27
|
|
10 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
10 and including
|
58.42
|
0.44
|
0.17
|
0.27
|
|
12 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
12 and including
|
58.96
|
0.43
|
0.17
|
0.27
|
|
14 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
14 tonnes or more
|
62.31
|
0.53
|
0.19
|
0.34
|
|
Single Axle Prime Mover
|
63.32
|
0.50
|
0.14
|
0.36
|
|
Bogie Axle Prime Mover
|
68.35
|
0.61
|
0.17
|
0.44
|
From the first full pay
period commencing on or after 1 March 2020:
|
Class
of Vehicle
|
Per
hour
|
Running
Rate
|
Per
km excluding fuel
|
Per
km fuel component
|
|
|
|
|
component
running rate
|
of
the running rate
|
|
|
|
|
for
the purposes of
|
for
the purposes of
|
|
|
|
|
Schedule
E
|
Schedule
E
|
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity up to
and including
|
|
|
|
|
|
2 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over2
and including
|
$45.86
|
$0.28
|
$0.11
|
$0.17
|
|
5 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
5 and including
|
$51.98
|
$0.32
|
$0.12
|
$0.19
|
|
8 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
8 and including
|
$58.37
|
$0.42
|
$0.14
|
$0.28
|
|
10 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
10 and including
|
$59.61
|
$0.46
|
$0.18
|
$0.28
|
|
12 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
12 and including
|
$60.16
|
$0.45
|
$0.17
|
$0.28
|
|
14 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
14 tonnes or more
|
$63.57
|
$0.55
|
$0.19
|
$0.36
|
|
Single Axle Prime Mover
|
$64.61
|
$0.52
|
$0.14
|
$0.38
|
|
Bogie Axle Prime Mover
|
$69.72
|
$0.64
|
$0.18
|
$0.46
|
B.2 Hourly and
kilometre rates - not new vehicles
B.2.1 A contract carrier
performing work using a vehicle which is six or more years old must be paid at
least the hourly and kilometre rates set out in the following table (rounded up
to the nearest half hour, and nearest kilometre). For the avoidance of
confusion, the per kilometre rate payable is the Running Rate. The Running Rate
is the total of the "Per km excluding fuel component" and the
"Per km fuel component". The "Per km excluding fuel
component" and the "Per km fuel component" columns have been
included for ease of reference when updating rates.
From the first full
pay period commencing on or after 1 August 2019:
|
Class
of Vehicle
|
Per
Hour
|
Running
Rate
|
Per
km excluding fuel
|
Per
km fuel component
|
|
|
|
|
component
running rate
|
of
the running rate for
|
|
|
|
|
for
the purposes of
|
the
purposes of
|
|
|
|
|
Schedule
E
|
Schedule
E
|
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity up to
and including
|
|
|
|
|
|
2 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
2 and including
|
40.77
|
0.33
|
0.17
|
0.15
|
|
5 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
5 and including
|
45.23
|
0.37
|
0.20
|
0.17
|
|
8 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
8 and including
|
48.27
|
0.46
|
0.20
|
0.25
|
|
10 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
10 and including
|
52.96
|
0.50
|
0.25
|
0.25
|
|
12 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
12 and including
|
52.86
|
0.49
|
0.23
|
0.25
|
|
14 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
14 tonnes or more
|
53.88
|
0.58
|
0.26
|
0.32
|
|
Single Axle Prime Mover
|
51.17
|
0.53
|
0.20
|
0.33
|
|
Bogie Axle Prime Mover
|
55.19
|
0.64
|
0.25
|
0.40
|
From the first full pay
period commencing on or after 1 December 2019:
|
Class
of Vehicle
|
Per
Hour
|
Running
Rate
|
Per
km excluding fuel
|
Per
km fuel component
|
|
|
|
|
component
running rate
|
of
the running rate for
|
|
|
|
|
for
the purposes of
|
the
purposes of
|
|
|
|
|
Schedule
E
|
Schedule
E
|
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity up to
and including
|
|
|
|
|
|
2 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
2 and including
|
41.66
|
0.34
|
0.18
|
0.16
|
|
5 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
5 and including
|
46.19
|
0.38
|
0.20
|
0.18
|
|
8 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
8 and including
|
49.30
|
0.48
|
0.21
|
0.27
|
|
10 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
10 and including
|
54.08
|
0.52
|
0.25
|
0.27
|
|
12 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
12 and including
|
53.97
|
0.50
|
0.24
|
0.27
|
|
14 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
14 tonnes or more
|
55.01
|
0.60
|
0.26
|
0.34
|
|
Single Axle Prime Mover
|
52.26
|
0.55
|
0.21
|
0.34
|
|
Bogie Axle Prime Mover
|
56.35
|
0.67
|
0.25
|
0.42
|
From the first full
pay period commencing on or after 1 March 2020:
|
Class
of Vehicle
|
Per
hour
|
Running
Rate
|
Per
km excluding fuel
|
Per
km fuel component
|
|
|
|
|
component
running rate
|
of
the running rate for
|
|
|
|
|
for
the purposes of
|
the
purposes of
|
|
|
|
|
Schedule
E
|
Schedule
E
|
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity up to
and including
|
|
|
|
|
|
2 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
2 and including
|
$42.55
|
$0.35
|
$0.18
|
$0.17
|
|
5 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
5 and including
|
$47.16
|
$0.40
|
$0.20
|
$0.19
|
|
8 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
8 and including
|
$50.33
|
$0.49
|
$0.21
|
$0.28
|
|
10 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
10 and including
|
$55.19
|
$0.54
|
$0.25
|
$0.28
|
|
12 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
12 and including
|
$55.08
|
$0.52
|
$0.24
|
$0.28
|
|
14 tonnes
|
|
|
|
|
|
Rigid-carrying capacity over
14 tonnes or more
|
$56.15
|
$0.63
|
$0.27
|
$0.36
|
|
Single Axle Prime Mover
|
$53.35
|
$0.57
|
$0.21
|
$0.36
|
|
Bogie Axle Prime Mover
|
$57.51
|
$0.70
|
$0.26
|
$0.44
|
B.3 Trailer
allowances
B.3.1 A Contract
Carrier who in order to perform a contract of carriage is required by the
Principal Contractor to supply and tow a trailer of the kind described in the
Trailer Type column below must be paid the following amounts (rounded up to the
nearest half hour, and nearest kilometre):
From the first full
pay period commencing on or after 1 August 2019:
|
Trailer Type
|
Per Hour
|
Per kilometre
|
|
|
($)
|
($/km)
|
|
Semi-trailer
|
7.35
|
0.1436
|
|
B-Double lead trailer
|
6.65
|
0.1436
|
|
Refrigerated trailer
|
11.18
|
0.1436
|
From the first full
pay period commencing on or after 1 December 2019:
|
Trailer Type
|
Per Hour
|
Per kilometre
|
|
|
($)
|
($/km)
|
|
Semi-trailer
|
7.48
|
0.1463
|
|
B-Double lead trailer
|
6.78
|
0.1463
|
|
Refrigerated trailer
|
11.38
|
0.1463
|
From the first full
pay period commencing on or after 1 March 2020:
|
Trailer Type
|
Per Hour
|
Per kilometre
|
|
|
($)
|
($/km)
|
|
Semi-trailer
|
$7.60
|
$0.1490
|
|
B-Double lead trailer
|
$6.90
|
$0.1490
|
|
Refrigerated trailer
|
$11.58
|
$0.1490
|
B.4 NHVR Training
and Accreditation
B.4.1 NHVR Training and
Accreditation System Set Up
B.4.2 The lump sum allowance
referred to in clause 22.2 is:
(a) from the first
full pay period commencing on or after 1 August 2019: $6,649.01;
(b) from the first
full pay period commencing on or after 1 December 2019: $6,748.03; and
(c) from the first full
pay period commencing on or after 1 March 2020: $6,847.04.
B.4.3 The allowance
referred to in clause 22.3 is (rounded up to the nearest half hour):
From the first full
pay period commencing on or after 1 August 2019:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.40
|
|
Single Axle Prime Mover
|
0.40
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.40
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.40
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.40
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.40
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.40
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.40
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
From the first full
pay period commencing on or after 1 December 2019:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.41
|
|
Single Axle Prime Mover
|
0.41
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.41
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.41
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.41
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.41
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.41
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.41
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
From the first full
pay period commencing on or after 1 March 2020:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.41
|
|
Single Axle Prime Mover
|
0.41
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.41
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.41
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.41
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.41
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.41
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.41
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
B.5 Blue Card
B.5.1 A Contract
Carrier who in order to perform a Contract of Carriage is required to obtain a
blue card (or equivalent), after this Determination has come into operation,
shall be paid the following amounts (rounded up to the nearest half hour):
From the first full
pay period commencing on or after 1 August 2019:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.04
|
|
Single Axle Prime Mover
|
0.04
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.04
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.04
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.04
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.04
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.04
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.04
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
From the first full
pay period commencing on or after 1 December 2019:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.04
|
|
Single Axle Prime Mover
|
0.04
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.04
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.04
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.04
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.04
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.04
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.04
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
From the first full
pay period commencing on or after 1 March 2020:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.04
|
|
Single Axle Prime Mover
|
0.04
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.04
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.04
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.04
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.04
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.04
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.04
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
B.5.2 However, a
Principal Contractor will not be required to make any such payment in
circumstance where the Principal Contractor has previously paid for a Contract
Carrier to obtain the appropriate blue card (or equivalent).
B.6 Workwear and PPE
B.6.1 A Contract
Carrier who, in order to perform a contract of carriage, is required by a
Principal Contractor to wear certain type of workwear and/or personal
protective equipment shall be paid the following amounts:
From the first full
pay period commencing on or after 1 August 2019:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.27
|
|
Single Axle Prime Mover
|
0.27
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.27
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.27
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.27
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.27
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.27
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.27
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
From the first full
pay period commencing on or after 1 December 2019:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.28
|
|
Single Axle Prime Mover
|
0.28
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.28
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.28
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.28
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.28
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.28
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.28
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
From the first full
pay period commencing on or after 1 March 2020:
|
Class of Vehicle
|
Per hour
|
|
|
$
|
|
Bogie Axle Prime Mover
|
0.28
|
|
Single Axle Prime Mover
|
0.28
|
|
Rigid-carrying capacity over 14 tonnes or more
|
0.28
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
0.28
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
0.28
|
|
Rigid-carrying capacity over 8 and including 10 tonnes
|
0.28
|
|
Rigid-carrying capacity over 5 and including 8 tonnes
|
0.28
|
|
Rigid-carrying capacity over 2 and including 5 tonnes
|
0.28
|
|
Rigid-carrying capacity less than 2 tonnes
|
|
B.6.2 A Principal
Contractor will not be required to make any such payment in circumstance where
the Principal Contractor provides the Contract Carrier with the certain type of
workwear and/or personal protective equipment
B.7 Additional
amounts
B.7.1 Ropes and Gear
Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply tarpaulins, ropes, gates, chains and dogs
for use in a Contract of Carriage must be paid the following allowance per day
or part day during which the equipment is used for the purpose of the Contract
of Carriage:
(a) from the first
full pay period commencing on or after 1 August 2019: $4.17
(b) from the first full
pay period commencing on or after 1 December 2019: $4.23; and
(c) from the first
full pay period commencing on or after 1 March 2020: $4.30.
B.7.2 Twistlock Allowance
A Contract Carrier who, in order to perform a Contract
of Carriage, is required to fit his trailer with twistlocks
for the carriage of I.S.O. containers must be paid the following allowance per
day or part day during which the equipment is used for the purpose of the
Contract of Carriage:
(a) from the first
full pay period commencing on or after 1 August 2019: $3.13
(b) from the first
full pay period commencing on or after 1 December 2019: $3.17; and
(c) from the first
full pay period commencing on or after 1 March 2020: $3.22.
B.7.3 Mechanical
Lifting Equipment Allowance
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply rear or side-loading mechanical devices,
shall be paid the following allowance for each day (and proportionately for
part of a day) during which the equipment is used for the purpose of the
Contract of Carriage:
From the first full
pay period commencing on or after 1 August 2019:
|
Equipment type
|
Per day
|
|
|
$
|
|
Rear-Lift Platform up to and including 3,000 lbs capacity
|
5.01
|
|
Rear-Lift Platform up to and including 6,000 lbs capacity
|
6.87
|
|
Side loading device
|
22.09
|
From
the first full pay period commencing on or after 1 December 2019:
|
Equipment type
|
Per day
|
|
|
$
|
|
Rear-Lift Platform
up to and including 3,000 lbs capacity
|
5.09
|
|
Rear-Lift
Platform up to and including 6,000 lbs capacity
|
6.99
|
|
Side loading
device
|
22.47
|
From the first full pay period commencing
on or after 1 March 2020:
|
Equipment type
|
Per day
|
|
|
$
|
|
Rear-Lift
Platform up to and including 3,000 lbs capacity
|
5.18
|
|
Rear-Lift
Platform up to and including 6,000 lbs capacity
|
7.11
|
|
Side loading
device
|
22.85
|
Schedule C - WATERFRONT AND CONTAINER
DEPOTS
1. The following conditions
and allowances shall apply to contracts of carriage performed in or in
connection with Container Depots and Waterfront areas, in addition to all other
conditions provided for by this Contract Determination but in substitution for
the rates in Schedules B, D and F.
2. The minimum
rates of remuneration payable for any contract of carriage performed within the
scope of this Schedule and defined in Clause 1, hereof, shall be as follows:
(a) Where:
(i) a
carrier performs a contract of carriage within the area, incidence and duration
of this determination; and
(ii) 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
(iii) the carrier has
been requested to apply for the rebate pursuant to the scheme by the principal
contractor
(iv) the principal
contractor shall pay the amount appearing in the column headed "Rate
A" for the appropriate vehicle classification for the performance of that
contract of carriage.
(b) If a carrier
is:
(i) ineligible
to apply for the rebate pursuant to the scheme; or
(ii) has not been
requested to apply for the rebate pursuant to the scheme; or
(iii) has become
ineligible to claim a rebate pursuant to the scheme; or
(iv) the scheme is
abolished
(v) then the
principal contractor shall pay the amount appearing in the column headed
"Rate B" for the appropriate vehicle classification of the
performance of that contract of carriage.
(c) Should the
scheme be abolished or altered or modified leave is reserved to the parties to
make application in relation to subclause 2(ii) of this Schedule.
From the first full
pay period commencing on or after 1 August 2019:
|
Class
of Vehicle
|
Rate A
|
Rate B
|
|
Rigid Vehicle
|
Subsidy
|
No Subsidy
|
|
Not less than 8 and not
greater than 10 tonnes
|
49.48
|
49.50
|
|
Not less than 10 and not
greater than 12 tonnes
|
60.20
|
60.26
|
|
Not less than 12 and not greater
than 14 tonnes
|
70.87
|
70.88
|
|
Not less than 14 tonnes
|
77.21
|
77.25
|
|
Single Axle Prime Mover
|
66.31
|
66.31
|
|
Bogie Axle Prime Mover
|
79.85
|
79.87
|
From the first full
pay period commencing on or after 1 December 2019:
|
Class
of Vehicle
|
Rate A
|
Rate B
|
|
Rigid
Vehicle
|
Subsidy
|
No Subsidy
|
|
Not less than 8 and not
greater than 10 tonnes
|
52.03
|
52.04
|
|
Not less than 10 and not
greater than 12 tonnes
|
61.61
|
61.65
|
|
Not less than 12 and not
greater than 14 tonnes
|
69.75
|
69.76
|
|
Not less than 14 tonnes
|
75.27
|
75.30
|
|
Single Axle Prime Mover
|
66.07
|
66.07
|
|
Bogie Axle Prime Mover
|
77.91
|
77.93
|
From the first full
pay period commencing on or after 1 March 2020:
|
Class
of Vehicle
|
Rate A
|
Rate B
|
|
Rigid
Vehicle
|
Subsidy
|
No Subsidy
|
|
Not less than 8 and not
greater than 10 tonnes
|
53.29
|
53.30
|
|
Not less than 10 and not
greater than 12 tonnes
|
63.08
|
63.12
|
|
Not less than 12 and not
greater than 14 tonnes
|
71.44
|
71.44
|
|
Not less than 14 tonnes
|
77.14
|
77.17
|
|
Single Axle Prime Mover
|
67.77
|
67.77
|
|
Bogie Axle Prime Mover
|
79.90
|
79.91
|
The above rates of remuneration are calculated using the
following formula:
(Hourly Rate x 221 x 7.6 + (Km Rate x 23,500)
(221 x 7.6)
where Hourly Rate and km Rate are the relevant per hour
and per km rates for a 6 year+ vehicle in Schedule A - Transitional Rates of
Remuneration.
This formula is based on a minimum distance travelled
of 23,500 km per annum on contracts of carriage performed in or in connection
with Container Depots and Waterfront areas.
3. Trailer
Allowance:
A Contract Carrier who, in order to perform a contract
of carriage, is required to supply one of the trailers listed below
(irrespective of axle configuration), shall be paid the following allowance for
each day, (or part of a day) during the equipment is so used:
From the first full
pay period commencing on or after 1 August 2019:
|
40 ft Skel trailer
|
$54.12 per day
|
$52.79 per day
|
|
40 ft General Purpose trailer
|
$54.12 per day
|
$52.79 per day
|
|
Dog or Pig trailer
|
$40.51 per day
|
$39.51 per day
|
|
Pup trailer
|
$27.05 per day
|
$26.40 per day
|
|
20 ft Skel trailer
|
$48.71 per day
|
$47.52 per day
|
From the first full
pay period commencing on or after 1 December 2019:
|
40 ft Skel trailer
|
$54.73 per day
|
$53.39 per day
|
|
40 ft General Purpose trailer
|
$54.73 per day
|
$53.39 per day
|
|
Dog or Pig trailer
|
$40.96 per day
|
$39.96 per day
|
|
Pup trailer
|
$27.36 per day
|
$26.69 per day
|
|
20 ft Skel trailer
|
$49.25 per day
|
$48.06 per day
|
From the first full
pay period commencing on or after 1 March 2020:
|
40 ft Skel trailer
|
$55.34 per day
|
$53.98 per day
|
|
40 ft General Purpose trailer
|
$55.34 per day
|
$53.98 per day
|
|
Dog or Pig trailer
|
$41.42 per day
|
$40.40 per day
|
|
Pup trailer
|
$27.66 per day
|
$26.99 per day
|
|
20 ft Skel trailer
|
$49.80 per day
|
$48.59 per day
|
4. Towing rates:
A Contract Carrier, whose vehicle is in the performance
of a contract of carriage, is required to tow one of the trailers listed below
(irrespective of axle configuration), shall be paid the following allowance for
each hour (pro-rata for part of an hour) during which such trailer is towed:
From the first full
pay period commencing on or after 1 August 2019:
|
40 ft trailer
|
$2.83 per hour
|
$2.76 per hour
|
|
Dog/Pig trailer
|
$5.54 per hour
|
$5.41 per hour
|
|
Pup trailer
|
$4.09 per hour
|
$3.98 per hour
|
From the first full
pay period commencing on or after 1 December 2019:
|
40 ft trailer
|
$2.87 per hour
|
$2.79 per hour
|
|
Dog/Pig trailer
|
$5.61 per hour
|
$5.47 per hour
|
|
Pup trailer
|
$4.13 per hour
|
$4.03 per hour
|
From the first full
pay period commencing on or after 1 March 2020:
|
40 ft trailer
|
$2.90 per hour
|
$2.82 per hour
|
|
Dog/Pig trailer
|
$5.67 per hour
|
$5.53 per hour
|
|
Pup trailer
|
$4.18 per hour
|
$4.07 per hour
|
5. Adjustment of the
allowances and rates in Clause 3 and 4 of this Schedule shall be by application
of the movement of the Consumer Price Index (All Groups), Sydney.
6. Contract
Carriers who perform work pursuant to this Schedule shall have paid on their
behalf by principal contractors who are members of the NSW Road Transport
Association contributions into the TWU Superannuation Fund in the amounts
prescribed by the Transport Industry (State) Superannuation Award.
7. Clause 3,
Savings clause, of this Determination shall apply to the above rates and
conditions.
Schedule D - OLD ALLOWANCES
1. Trailer
Allowance
A Contract Carrier who, in order to perform
a contract of carriage, is required to supply a flat top trailer for use in a
contract of carriage shall be paid the following allowances for each day (and
proportionately for part of a day) during which the equipment is used for the
purpose of the contract of carriage:
|
Single Axle
|
$20.24
per day
|
|
Dual Axle
|
$26.54
per day
|
|
Tri Axle
|
$32.65
per day
|
2. Ropes
and Gear Allowance
A Contract Carrier who, in order to perform
a contract of carriage, is required to supply tarpaulins, ropes, gates, chains
and dogs for use in a contract of carriage shall be paid the following
allowance for each day (and proportionately for part of a day) during which the
equipment is used for the purpose of the contract of carriage:
$4.11 per day.
3. Twistlock Allowance
A Contract Carrier who, in order to perform
a contract of carriage, is required to fit his trailer with twistlocks
for the carriage of I.S.O. containers shall be paid the following allowance for
each day (and proportionately for part of a day) during which the equipment is
used for the purpose of the contract of carriage:
$3.08 per day.
4. Mechanical
Lifting Equipment Allowance
A Contract Carrier who, in order to perform
a contract of carriage, is required to supply rear or side - loading mechanical
devices, shall be paid the following allowance for each day (and
proportionately for part of a day) during which the equipment is used for the
purpose of the contract of carriage:
Rear-Lift Platforms:
|
Up to and including 3,000 lbs. capacity:
|
$4.92
per day
|
|
Up to and including 6,000 lbs. capacity:
|
$6.75
per day.
|
|
Side-Loading Devices:
|
$21.71
per day
|
Schedule E - PROCEDURE AND TIME FOR ADJUSTMENTS OF RATES
E.1 Procedure
for adjustment of rates
E.1.1 The
rates prescribed in Schedules B, C and F shall be adjusted with effect from 1
June and 1 December each year or as provided in this Schedule.
NOTE: Adjustments made to the rates
prescribed in the Schedules B and F shall result in an adjustment to the
transitional rates set out in Schedule A.
E.1.2 The
union shall make application to the IRC for a variation in rates and amounts in
sufficient time for the variation to be made on or before 1 June and 1 December
each year. Notwithstanding anything contained in this Schedule, a variation
shall not be retrospective in operation but shall operate from a date not
earlier than the date upon which it is made.
E.1.3 The
parties to this determination shall confer with a view to reaching agreement on
the variation. In the absence of agreement, the rates and amounts shall be
determined by the IRC in accordance with the Method of Adjustment outlined in
this Schedule.
E.1.4 The
adjustment to be made from 1 December shall take into account all movements in
costs occurring and indices published up to the preceding 31 October and the
adjustment from 1 June shall take into account all movements in costs occurring
and indices published up to the preceding 30 April.
E.1.5 Each
variation after the first variation shall be based upon the rates and amounts
in the immediately preceding variation.
E.1.6 If
any one of the below listed components, except for fuel, changes such that it
causes an increase in the total remuneration of 5 per cent or more from the
date of the last variation, an interim adjustment may be made.
E.1.7 The
components of remuneration shall be adjusted upwards or downwards according to the
following schedule:
|
Component
|
Method
of Adjustment
|
|
1. Total Labour Costs
|
Adjust according to
the actual percentage change in the Minimum Weekly Rate for the relevant
Transport
|
|
|
Worker Grade in the Road
Transport and Distribution Award 2010.
|
|
2. Fuel
|
Adjust according to
the percentage change in the Australian Institute of Petroleum NSW State
weekly
|
|
|
average
for the retail price of diesel, excluding GST.
|
|
3. Capital
|
Adjust by reference
to the average percentage change in the TransEco
Road Freight Cost Indices Report:
|
|
|
Shorthaul
cost change of Capital.
|
|
4. Service and Parts
|
Adjust by reference
to the average percentage change in the TransEco
Road Freight Cost Indices Report:
|
|
|
Shorthaul
cost change of Maintenance.
|
|
5. Registration,
Licensing and
|
Adjust by reference
to the average percentage change in the TransEco
Road Freight Cost Indices Report:
|
|
Insurances
|
Shorthaul
cost change of Insurance.
|
|
6. Training and
compliance
|
Adjust by reference
to the average percentage change in the TransEco
Road Freight Cost Indices Report:
|
|
|
Shorthaul
cost change of Admin.
|
|
7. Miscellaneous
Fixed Costs
|
Adjust by reference to
the average percentage change in the TransEco Road
Freight Cost Indices Report:
|
|
|
Shorthaul
cost change of Admin.
|
E.2 Cost
Recovery for variations in the Price of fuel
E.2.1 Due
to the changeable nature of the pricing of fuel, including 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.
E.2.2 Any
party to this determination may make an application to the IRC to vary rates of
remuneration to account for changes in the price of fuel on the following
basis:
(a) an
application to vary rates of remuneration for changes in the price of fuel may
be made at any time, provided that the date upon which any rate adjustment is
sought to become operative is at least one calendar month after the last
occasion upon which a fuel rate adjustment became operative;
(b) it
is not a requirement of any such application that the rate adjustment sought for
fuel only be one which is either below or above any minimum threshold amount;
and
(c) the
benchmark for the price of fuel shall be the Australian Institute of Petroleum
NSW weekly average for the retail price of diesel for the week ending
immediately prior to the date of filing the application, excluding GST.
E.2.3 The
parties to this determination shall take all necessary steps to enable an
application made pursuant to this Schedule to be heard and determined at the
earliest possible time, including but not limited to, consenting to have the
IRC hear and determine any such application within 48 hours from the initial
listing of the application.
Schedule
F - OLD RATES OF REMUNERATION
1. It
is expressly noted that the rates of remuneration in Schedules F and C have
taken into account, and include payment, for the following factors:
(a) Wages
- based on the General Rate of pay for a Transport Worker Grade Three as per
Table 1 Wages of Part B - Monetary Rates contained in the Transport Industry (State)
Award.
(b) Overtime
- in excess of 40 hours each week.
(c) Annual
Leave.
(d) Long
Service Leave.
(e) Public
Holidays.
(f) Picnic
Day.
(g) Sick
Leave.
(h) Return
on capital invested.
(i) Depreciation.
(j) Lease
Costs.
(k) Registration
and compulsory third party insurance.
(l) Comprehensive
insurance.
(m) Public
liability insurance.
(n) Personal
accident insurance.
(o) Administrative
overheads.
(p) Fuel.
(q) Oil.
(r) Tyres.
(s) Repairs
and maintenance.
(t) Industry
- specific allowances.
2. 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 shall pay the Rates
of Remuneration specified in Table One of this Schedule to the carrier for the
performance of that contract of carriage.
3. If
a carrier is:
(a) ineligible
to apply for the rebate pursuant to the scheme; or
(b) has
not been requested to apply for the rebate pursuant to the scheme; or
(c) has
become ineligible to claim a rebate pursuant to the scheme; or
(d) the
scheme is abolished
then the principal contractor shall apply
the Rates of Remuneration specified in Table Two of this Schedule to the carrier
for the performance of that contract of carriage.
4. Should
the scheme be abolished or altered or modified leave is reserved to the parties
to make application in relation to subclause (ii) of this Schedule.
F.1 Where
the Commonwealth Government’s fuel tax credit subsidy is applicable
From
the first full pay period commencing on or after 1 August 2019:
|
Class
of Vehicle
|
Vehicle
Age
|
|
|
Scale
A
|
Scale
B
|
Scale
C
|
|
|
(Up
to 1 year)
|
(over
1 year, up to 3 years)
|
(over
3 years)
|
|
Rigid Vehicles
Carrying Capacity
|
Hourly
Standing
|
Running
|
Hourly
Standing
|
Running
Rate
|
Hourly
Standing
|
Running
|
|
|
Rate
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
|
($)
|
($
per km)
|
($)
|
($
per km)
|
$
|
($
per km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
38.56
|
0.45
|
33.86
|
0.48
|
27.17
|
0.48
|
|
Over 5 to 8 Tonnes
|
45.45
|
0.63
|
38.76
|
0.63
|
29.16
|
0.63
|
|
Over 8 to 10 Tonnes
|
52.98
|
0.77
|
44.16
|
0.78
|
37.38
|
0.77
|
|
Over 10 to 12 Tonnes
|
70.55
|
1.08
|
55.88
|
1.06
|
45.41
|
1.06
|
|
Over 12 to 14 Tonnes
|
91.25
|
1.35
|
69.82
|
1.35
|
54.79
|
1.35
|
|
Over 14 Tonnes +
|
101.62
|
1.61
|
76.97
|
1.59
|
58.75
|
1.59
|
|
Single Axle Prime
Mover
|
73.85
|
1.47
|
58.39
|
1.47
|
47.68
|
1.47
|
|
Bogie Axle Prime
Mover
|
104.40
|
1.69
|
79.01
|
1.69
|
60.22
|
1.68
|
From
the first full pay period commencing on or after 1 December 2019:
|
Class
of Vehicle
|
Vehicle
Age
|
|
|
Scale
A
|
Scale
B
|
Scale
C
|
|
|
(Up
to 1 year)
|
(over
1 year, up to 3 years)
|
(over
3 years)
|
|
Rigid Vehicles Carrying Capacity
|
Hourly
Standing
|
Running
|
Hourly
Standing
|
Running
Rate
|
Hourly
Standing
|
Running
|
|
|
Rate
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
|
($)
|
($
per km)
|
($)
|
($
per km)
|
$
|
($
per km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
39.38
|
0.47
|
34.58
|
0.50
|
27.76
|
0.50
|
|
Over 5 to 8 Tonnes
|
46.54
|
0.65
|
39.57
|
0.65
|
29.79
|
0.65
|
|
Over 8 to 10 Tonnes
|
54.37
|
0.80
|
45.08
|
0.81
|
38.17
|
0.80
|
|
Over 10 to 12 Tonnes
|
72.68
|
1.12
|
57.04
|
1.11
|
46.37
|
1.10
|
|
Over 12 to 14 Tonnes
|
94.25
|
1.41
|
71.27
|
1.41
|
55.94
|
1.40
|
|
Over 14 Tonnes +
|
105.03
|
1.68
|
78.55
|
1.66
|
59.99
|
1.66
|
|
Single Axle Prime Mover
|
76.10
|
1.54
|
59.59
|
1.54
|
48.69
|
1.53
|
|
Bogie Axle Prime Mover
|
107.90
|
1.77
|
80.63
|
1.77
|
61.49
|
1.75
|
From
the first full pay period commencing on or after 1 March 2020:
|
Class
of Vehicle
|
Vehicle
Age
|
|
|
Scale
A
|
Scale
B
|
Scale
C
|
|
|
(Up
to 1 year)
|
(over
1 year, up to3 years)
|
(over
3 years)
|
|
Rigid Vehicles
Carrying Capacity
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
($)
|
($
per km)
|
($)
|
($
per km)
|
$
|
($
per km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
40.21
|
0.4892
|
35.31
|
0.5247
|
28.35
|
0.5183
|
|
Over 5 to 8 Tonnes
|
47.50
|
0.6773
|
40.39
|
0.6803
|
30.41
|
0.6714
|
|
Over 8 to 10 Tonnes
|
55.48
|
0.8339
|
46.00
|
0.8435
|
38.97
|
0.8345
|
|
Over 10 to 12 Tonnes
|
74.16
|
1.1667
|
58.20
|
1.1537
|
47.32
|
1.1436
|
|
Over 12 to 14 Tonnes
|
96.16
|
1.4684
|
72.71
|
1.4678
|
57.10
|
1.4552
|
|
Over 14 Tonnes +
|
107.15
|
1.7489
|
80.14
|
1.7334
|
61.22
|
1.7197
|
|
Single Axle Prime
Mover
|
77.64
|
1.6050
|
60.80
|
1.6124
|
49.71
|
1.5952
|
|
Bogie Axle Prime
Mover
|
110.07
|
1.8451
|
82.25
|
1.8438
|
62.76
|
1.8267
|
F.2 Where
the Commonwealth Government’s fuel tax credit subsidy does not apply
From
the first full pay period commencing on or after 1 August 2019:
|
Class
of Vehicle
|
Vehicle
Age
|
|
|
Scale
A
|
Scale
B
|
Scale
C
|
|
|
(Up
to 1 year)
|
(over
1 year, up to 3 years)
|
(over
3 years)
|
|
Rigid Vehicles
Carrying Capacity
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
($)
|
(c/km)
|
($)
|
(c/km)
|
($)
|
(c/km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
38.56
|
51.12
|
33.82
|
51.21
|
27.18
|
51.02
|
|
Over 5 to 8 Tonnes
|
45.45
|
65.82
|
38.71
|
66.29
|
29.16
|
62.52
|
|
Over 8 to 10 Tonnes
|
52.98
|
80.18
|
44.10
|
81.57
|
37.38
|
77.37
|
|
Over 10 to 12 Tonnes
|
70.55
|
113.47
|
55.81
|
111.28
|
45.41
|
106.66
|
|
Over 12 to 14 Tonnes
|
91.25
|
142.31
|
69.71
|
142.54
|
54.79
|
135.05
|
|
Over 14 Tonnes +
|
101.62
|
169.79
|
76.84
|
167.52
|
58.75
|
159.41
|
|
Single Axle Prime
Mover
|
73.85
|
154.57
|
58.31
|
155.62
|
47.68
|
146.99
|
|
Bogie Axle Prime
Mover
|
104.40
|
177.77
|
78.90
|
177.58
|
60.22
|
168.51
|
From
the first full pay period commencing on or after 1 December 2019:
|
Class
of Vehicle
|
Vehicle
Age
|
|
|
Scale
A
|
Scale
B
|
Scale
C
|
|
|
(Up
to 1 year)
|
(over
1 year, up to3 years)
|
(over
3 years)
|
|
Rigid Vehicles
Carrying Capacity
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
($)
|
(c/
km)
|
($)
|
(c/km)
|
($)
|
(c/km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
39.38
|
53.25
|
34.54
|
53.34
|
27.77
|
52.90
|
|
Over 5 to 8 Tonnes
|
46.54
|
68.57
|
39.52
|
69.05
|
29.79
|
64.82
|
|
Over 8 to 10 Tonnes
|
54.37
|
83.71
|
45.02
|
85.17
|
38.17
|
80.48
|
|
Over 10 to 12 Tonnes
|
72.68
|
118.23
|
56.97
|
115.95
|
46.37
|
110.77
|
|
Over 12 to 14 Tonnes
|
94.25
|
148.34
|
71.15
|
148.58
|
55.94
|
140.31
|
|
Over 14 Tonnes +
|
105.03
|
177.19
|
78.43
|
174.83
|
59.99
|
165.86
|
|
Single Axle Prime
Mover
|
76.10
|
161.79
|
59.51
|
162.88
|
48.69
|
153.26
|
|
Bogie Axle Prime
Mover
|
107.90
|
185.99
|
80.51
|
185.79
|
61.49
|
175.70
|
From the
first full pay period commencing on or after 1 March 2020:
|
Class
of Vehicle
|
Vehicle
Age
|
|
|
Scale
A
|
Scale
B
|
Scale
C
|
|
|
(Up
to 1 year)
|
(over
1 year, up to 3 years)
|
(over
3 years)
|
|
Rigid Vehicles Carrying Capacity
|
Hourly
|
Running
|
Hourly
|
Running
|
Hourly
|
Running
|
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
Standing
Rate
|
Rate
|
|
|
($)
|
(c/km)
|
($)
|
(c/km)
|
($)
|
(c/km)
|
|
Up to 2 Tonnes
|
|
|
|
|
|
|
|
Over 2 to 5 Tonnes
|
40.21
|
55.3734
|
35.27
|
55.4638
|
28.36
|
54.7806
|
|
Over 5 to 8 Tonnes
|
47.50
|
71.3086
|
40.34
|
71.8173
|
30.41
|
67.1295
|
|
Over 8 to 10 Tonnes
|
55.48
|
87.2504
|
45.93
|
88.7645
|
38.97
|
83.5961
|
|
Over 10 to 12 Tonnes
|
74.16
|
122.9930
|
58.13
|
120.6171
|
47.32
|
114.8734
|
|
Over 12 to 14 Tonnes
|
96.16
|
154.3677
|
72.60
|
154.6169
|
57.10
|
145.5798
|
|
Over 14 Tonnes +
|
107.15
|
184.5964
|
80.01
|
182.1341
|
61.22
|
172.3111
|
|
Single Axle Prime Mover
|
77.64
|
168.9993
|
60.72
|
170.1462
|
49.71
|
159.5356
|
|
Bogie Axle Prime Mover
|
110.07
|
194.2176
|
82.13
|
194.0114
|
62.76
|
182.8948
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Schedule G - NOMINATED CONRACT DETERMINATIOB
The Nominated Contract Determinations are:
1. Transport
Industry - Car Carriers (N.S.W.) Contract Determination;
2. Transport
Industry - Concrete Haulage Contract Determination;
3. Transport
Industry - Excavated Materials Contract Determination;
4. Transport
Industry - Quarried Materials Contract Determination;
5. Transport
Industry - Waste Collection and Recycling Contract Determination;
6. Hanson Construction
Materials Pty Limited Concrete Carriers Contract Determination;
7. Transport
Industry - Courier and Taxi Truck Contract Determination;
8. Transport
Industry - Concrete Haulage - Mini Trucks Contract Determination;
9. Transport
Industry - Readymix Holdings Pty Ltd Concrete Cartage
Contract Determination;
10. Boral Transport
Limited Haulier Contract Determination;
11. CEVA Logistics
(Australia) Pty Ltd (NSW Vehicle Logistics Local Fleet) Contract Determination;
12. Readymix Holding Pty Ltd Sydney Concrete Carriers Contract
Determination;
13. Readymix Holdings Pty Ltd Country Concrete Carriers
Contract Determination;
14. Transport
Industry - Quarried Materials, &c., Carriers Interim Contract
Determination;
15. Australian
Liquor Marketers Pty Limited Carriers Contract Determination;
16. Boral Country -
Concrete and Quarries Contract Determination;
17. Boral Resources
(NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination;
18. Transport
Industry - Metromix Concrete Haulage Contract
Determination;
19. Transport
Industry - Allied Express TWU Interim Contract Determination;
20. Couriers Please
Pty Ltd Contract Determination;
21. Transport
Industry - Mayne Logistics Contract Determination;
22. Transport Industry
- Penrith City Council Contract Determination;
23. Boral GST
Protocol (Facilitation and Compliance) Contract Determination;
24. TNT Domestic
& International Express Ancillary Contract Determination, The;
25. Transport
Industry - Courier and Taxi Truck (Superannuation) Contract Determination;
26. Superior Premix
Contract Determination No. 2;
27. Superior Premix
Contract Determination - Blacktown City Council Project;
28. Transport
Industry - General Carriers (The Smith Family) Contract Determination;
29. Boral Transport
Limited Quarried Materials Minimum Load Contract Determination; and
30. Monier Roofing Limited and Reliance Roof Tiles Pty Ltd
Contract Determination.
J. WEBSTER, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.