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. 268320 of 2019)

 

 

DETERMINATION

 

1.         Delete clause 25, Tolls and Charges, of the determination published 24 April 2020 (387 I.G. 924) the following in lieu thereof the following:

 

25.  Tolls and Charges

 

25.1    A Principal Contractor shall pay road tolls incurred by a Contract Carrier in the performance of Cartage Work for the Principal Contractor as a consequence of any mandatory legal obligations upon commercial vehicles to:

 

(a)       use ce1tain toll roads; or

 

(b)       avoid certain roads including light limit roads which has the result of requiring the use of a toll road.

 

25.2    In all other circumstances, a Principal Contractor shall pay road tolls incurred by a Contract Carrier in the performance of Cartage Work for the Principal Contractor unless the Principal Contractor expressly directs the Contract Carrier in writing to not use a toll road.

 

An express direction may include:

 

(a)       a standing written direction issued by the Principal Contractor to Contract Carriers  on an enterprise or fleet basis; or

 

(b)       individual written directions issued by the Principal Contractor to Contract Carriers.

 

25.3    This clause does not apply:

 

(a)       if the Principal Contractor can demonstrate that it already pays the Contract Carrier under an arrangement which factors in the payment of current road  tolls, including by way of an alternative remuneration arrangement pursuant to clause 21; or

 

(b)       to a Principal Contractor and their Contract Carriers performing Ca1iage Work under a contract agreement that was approved by the Commission during the period of on or after 1 January 2018 and up to and including 5 February 2021.

 

For the avoidance of doubt, the exclusion provided for by 25.3(b) will not apply to any contract agreement that is approved or varied by the Commission after 5 February 2021.

 

25.4    The payment of a road toll can be made by a Principal Contractor:

 

(a)       in the next pay cycle following the Contract Carrier providing a receipt to the Principal Contractor; or

 

(b)       by providing the Contract Carrier with an E-Tag.

 

2.         This contract determination variation shall operate on and from 15 March 2021.

 

 

 

D. SLOAN, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.