Transport Industry - General Carriers Contract
Determination 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Business Chamber Limited,
Industrial Organisation of Employers.
(Case No. 268320 of 2019
& 112760 of 2020)
|
Before Commissioner Sloan
|
18 February 2022
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VARIATION
1. Delete the
heading PART 1 - APPLICATION AND OPERATIONB after the arrangement of the
determination published 24 August 2020 (387 I.G. 924) and insert in lieu
thereof the following
PART 1 - APPLICATION AND OPERATION
2. Insert after
the definition of "IRC" in subclause 1.1 of clause 1, Definitions,
the following new definitions:
Light Vehicle means a Vehicle with a Carrying Capacity
of up to and including 3 tonnes;
Light Vehicle Rates means the minimum rates of
remuneration set out in Schedule B.3 in this Determination that are expressed
to apply to Light Vehicles.
3. Delete clause
3, Saving Clause, and insert in lieu thereof the following:
3. Savings Clause
3.1 No Contract Carrier shall suffer a
reduction in their terms and conditions of engagement because of the making of
this Determination.
3.2 This subclause
applies to Contracts of Carriage entered into prior to
1 March 2022 that are performed by a Vehicle with a Carrying Capacity over 2
tonnes and up to and including 3 tonnes. No Contract Carrier shall suffer a
reduction in the rates paid for such Contracts of Carriage (as were being paid
immediately prior to the first pay period commencing on or after 1 March 2022)
because of the introduction of Light Vehicle Rates.
4. Insert after
paragraph (c) of subclause 11.7 of clause 11, Contract Carrier Obligations
following note:
Note: Clause 11.7(a)(i) does not
apply in relation to Contracts of Carriage performed exclusively by bicycle.
5. Insert after
subclause 20.7 of clause 20, Rates of Remuneration, the following new
subclauses:
20.8 Introduction of
Light Vehicle Rates
(a) In
matters 2019/268320,
2020/112760, 2020/112849 and 2020/133735, the IRC introduced new minimum rates applicable to Light
Vehicles.
(b) Part 4 of the Determination shall not
apply to Cartage Work performed by Light Vehicles (other than Light Vehicles with
a Carrying Capacity over 2 tonnes) prior to the first full pay period
commencing on or after 1 March 2022.
(c) From the first full pay period commencing
on or after 1 March 2022 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 performed by Light Vehicles.
(d) Subject to subclause 20.8(e), the Light
Vehicle Rates set out in Schedule B include compensation for all fixed and
running costs that may be incurred by a Contract Carrier.
(e) The Light Vehicle Rates set out in
Schedule B are to be increased if the charge percentage (as set out in the Superannuation
Guarantee (Administration) Act 1992) increases above 10%. The Light Vehicle
Rates in Schedule B shall be increased by 0.25% for each 0.5 percentage point
increase to the charge percentage.
20.9 Subject to
Schedule H, the cartage rates contained in this contract determination
compensate contract carriers for the cost of contributing to their
superannuation.
6. Insert after
subclause 24.3 of clause 24, Three Yearly Cost Reconciliation Review, the
following new subclause:
24.4 This clause does
not apply in relation to Light Vehicle Rates.
7. Substitute the
word "celtain" with the word
"certain" in paragraph (a) of subclause 25.1 of clause 25, Tolls and
Charges.
8. Delete
subclause (a) of clause 29, Leave Reserved, and renumber existing subclauses
accordingly.
9. Insert after
Note, of Schedule A - Transitional Rates of Remuneration, the following new
subclause and renumber existing subclauses accordingly:
(a) Contracts of
Carriage performed by a Light Vehicle;
10. Substitute the
words "Over 2 to 5 Tonnes" with the words "Over 3 to 5
Tonnes" wherever they appear in the tables of Schedule A.
11. Insert after
Note, of Schedule B, New Rates of Remuneration, the following new subclause and renumber existing subclauses accordingly:
(a) Contracts of
Carriage performed by a Light Vehicle;
12. Delete subclause
B.1 of Schedule B, and insert in lieu thereof the following:
B.1 Hourly and
kilometre rates (other than for Light Vehicles) - new vehicles
13. Delete the rows
containing the words "Rigid-carrying capacity up to and including 2
tonnes", under column heading, Class of Vehicle, in the tables of
subclause B.1 of Schedule B.
14. Substitute the
words "Rigid-carrying capacity over 2 and including 5 tonnes" with
the words "Rigid-carrying capacity over 3 and including 5 tonnes"
wherever they appear in the tables of Schedule B.
15. Delete subclause
B.2 of Schedule B, and insert in lieu thereof the following:
B.2 Hourly and
kilometre rates (other than for Light Vehicles) - not new vehicles
16. Delete the rows
containing the words "Rigid-carrying capacity up to and including 2
tonnes", under column heading, Class of Vehicle, in the tables of
subclause B.2 of Schedule B
17. Insert after
subclause B.2 of Schedule B, the following new subclause and renumber existing
subclauses accordingly.
B.3 Light Vehicle
Rates
B.3.1 A
Contract Carrier performing work with a Light Vehicle must be paid at least the
hourly rate set out in the following table (rounded up the nearest half hour).
From the first full
pay period commencing on or after 1 March 2022
|
Class of Vehicle
|
Per hour
|
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Bicycle
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$21.82
|
|
Motorcycles
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$26.85
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
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Up to 750kg
|
$29.85
|
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Over 750kg and up
to 1 tonne
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$30.68
|
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Over 1 tonne and
up to 1.5 tonnes
|
$31.06
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$32.71
|
From the
first full pay period commencing on or after 1 July 2022
|
Class of Vehicle
|
Per hour
|
|
Bicycle
|
$24.19
|
|
Motorcycles
|
$28.78
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$31.84
|
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Over 750kg and up
to 1 tonne
|
$32.80
|
|
Over 1 tonne and up
to 1.5 tonnes
|
$33.55
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$35.47
|
From the
first full pay period commencing on or after 1 July 2023
|
Class of Vehicle
|
Per hour
|
|
Bicycle
|
$26.57
|
|
Motorcycles
|
$30.70
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$33.82
|
|
Over 750kg and up
to 1 tonne
|
$34.91
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$36.05
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$38.22
|
From the
first full pay period commencing on or after 1 July 2024
|
Class of Vehicle
|
Per hour
|
|
Bicycle
|
$28.94
|
|
Motorcycles
|
$32.63
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying
|
|
|
Capacity of:
|
|
|
Up to 750kg
|
$35.81
|
|
Over 750kg and up
to 1 tonne
|
$37.03
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$38.54
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$40.98
|
From the
first full pay period commencing on or after 1 July 2025
|
Class of Vehicle
|
Per hour
|
|
Bicycle
|
$31.32
|
|
Motorcycles
|
$34.56
|
|
Motor cars, vans,
utilities, trucks and other rigid vehicles with a
Carrying Capacity of:
|
|
|
Up to 750kg
|
$37.80
|
|
Over 750kg and up
to 1 tonne
|
$39.15
|
|
Over 1 tonne and
up to 1.5 tonnes
|
$41.04
|
|
Over 1.5 tonnes
and up to 3 tonnes
|
$43.74
|
NOTE: These
Light Vehicle Rates are subject to any increases arising from changes to the
superannuation guarantee charge percentage. See subclause 20.8(e) for details.
18. Delete the rows containing the words
"Rigid-carrying capacity less than 2 tonnes", under column heading,
Class of Vehicle, in the tables of subclause B.4 of Schedule B.
19. Substitute the words "Rigid-carrying
capacity less than 2 tonnes" with the words "Rigid-carrying capacity
less than 3 tonnes" wherever they appear in the tables of subclause B.5 of
Schedule B.
20. Substitute the words "Rigid-carrying
capacity less than 2 tonnes" with the words "Rigid-carrying capacity
less than 3 tonnes" wherever they appear in the tables of subclause B.6 of
Schedule B.
21. Insert after paragraph E.1.7 of subclause
E.1 of Schedule E, Procedure and Time for Adjustments of Rates, the following
new paragraph:
E.1.8 The
procedure outlined in subclause E.1 does not apply to Light Vehicle Rates.
22. Delete the
heading of Schedule G, and insert in lieu thereof the following:
Schedule G - NOMINATED CONRACT DETERMINATION
23. Delete item 25,
of Schedule G and renumber existing items accordingly.
24. Insert after
Schedule G, the following new Schedule:
SCHEDULE H - SUPERANNUATION CONTRIBUTION ARRANGEMENTS
This Schedule is intended to ensure Principal Contractors
are not subject to the cost of both providing rates that compensate for superannuation
costs and separately making contributions upon a contract carrier’s behalf.
1. Arrangement By Agreement
1.1 A Principal
Contractor and Contract Carrier may enter an arrangement whereby the Principal
Contractor makes superannuation contributions for the benefit of the Contract
Carrier.
1.2 A Principal
Contractor may deduct from any remuneration payable to the Contract Carrier an
amount no greater than the contributions that the Principal Contractor is
required to make under such an arrangement.
1.3 Any such
arrangement must be reduced to writing and must set out:
(a) the amount of
the contribution (whether as a fixed amount, a percentage of the Contract
Carriers remuneration, or a combination of both);
(b) in what period
the contributions will be made (monthly, quarterly etc.); and
(c) when the
deductions are to be made.
1.4 Within 28 days
of making superannuation contributions for a Contract Carrier’s benefit, the
Principal Contractor must provide the Contract Carrier with a written statement
setting out the amount of contributions made and the account into which they
have been paid.
2. Arrangement By Direction
2.1 A Principal
Contractor may implement a superannuation arrangement without the agreement of
a Contract Carrier if:
(a) the Contract
Carrier is not an incorporated entity; and
(b) the Principal
Contractor has a reasonably held belief that the payment of superannuation
contributions for the benefit of the Contract Carrier is required to reduce a
Superannuation Guarantee Charge liability that would otherwise accrue to the
Principal Contractor.
2.2 An arrangement entered into in accordance with subclause 2.1 is subject to
the following terms:
(a) any deductions
from a Contract Carrier’s remuneration must be made in the same pay period for
which the Contract Carrier is remunerated for the relevant cartage work;
(b) superannuation
contributions must be made no later than 28 days after the end of the quarter
in which the relevant cartage work was performed; and
(c) superannuation
contributions must be paid into:
(i) a
complying superannuation fund chosen by the Contract Carrier;
(ii) the Contract
Carrier's stapled superannuation fund (if the Contract Carrier does not choose
a fund or if the Principal Contractor is not able to make contributions to the
chosen fund); or
(iii) TWUSuper (in the absence of a chosen or stapled
superannuation fund into which the Principal Contractor can make
contributions).
2.3 Within 28 days
of making superannuation contributions for a Contract Carrier’s benefit, the
Principal Contractor must provide the Contract Carrier with a written statement
setting out the amount of contributions made and the account into which they
have been paid
2.4 Any disputes
concerning the operation of this Schedule are to be dealt with using the
dispute resolution procedures at clause 26.
25. This variation
will take effect on 1 March 2022.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.