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. 77087 of 2022)

 

 

VARIATION

 

1.        Insert after Schedule H - Superannuation Contribution Arrangements, in the arrangement of the contract determination published 24 August 2020 (387 I.G. 924) the following new Schedule I:

 

Schedule I - Temporary Fuel Surcharge

 

2.        Insert after Schedule H - Superannuation Contribution Arrangements the following Schedule I:

 

SCHEDULE I - TEMPORARY FUEL SURCHAGE

 

1.        APPLICATION

 

1.1      This Schedule applies to all Contracts of Carriage to which Part 4 of this Determination applies, other than Contracts of Carriage performed by a Light Vehicle.

 

2.        BACKGROUND

 

2.1      This Schedule was introduced by the IRC in Matter No. 2022/77087 as a temporary measure to respond to significant fluctuations in the price of fuel arising from the war in Ukraine and the temporary inability for Contract Carriers to claim fuel tax credits.

 

3.        THE SURCHARGE

 

3.1      In addition to all other amounts set out in this Determination, a Principal Contractor must pay a Contract Carrier an additional amount (the Temporary Fuel Surcharge).

 

3.2      For pay periods commencing between 18 April 2022 and 16 May 2022, the Temporary Fuel Surcharge shall be:

 

Vehicle Carrying Capacity	Surcharge (per km)
Rigid-carrying capacity over 3 and including 5 tonnes	$0.11
Rigid-carrying capacity over 5 and including 8 tonnes	$0.18
Rigid-carrying capacity over 8 and including 10 tonnes	$0.27
Rigid-carrying capacity over 10 and including 12 tonnes	$0.27
Rigid-carrying capacity over 12 and including 14 tonnes	$0.27
Rigid-carrying capacity over 14 tonnes or more	$0.34
Single Axle Prime Mover	$0.34
Bogie Axle Prime Mover	$0.42

 

3.3      Where Schedule C (which deals with waterfront and container depots) applies to a Contact of Carriage, the Principal Contractor may elect to pay the following Temporary Fuel Surcharge in lieu of the amount in clause 3.2:

 

Vehicle Carrying Capacity	Surcharge (per km)
Rigid-carrying capacity over 8 and including 10 tonnes	$3.72
Rigid-carrying capacity over 10 and including 12 tonnes	$3.72
Rigid-carrying capacity over 12 and including 14 tonnes	$3.72
Rigid-carrying capacity over 14 tonnes or more	$4.77
Single Axle Prime Mover	$4.79
Bogie Axle Prime Mover	$5.81

 

4.        REVIEW

 

4.1      The Temporary Fuel Surcharge shall be reviewed on a monthly basis.

 

4.2      The Temporary Fuel Surcharge shall be calculated by updating the fuel component of the Cost Model with the mean of all weekly retail diesel prices (NSW State Average) published by the Australian Institute of Petroleum for weeks ending in the prior calendar month.

 

4.3      Parties shall calculate the Temporary Fuel Surcharge and provide the results to the IRC by the second Monday of each calendar month.

 

4.4      The revised Temporary Fuel Surcharge will apply from the third Monday in each calendar month.

 

4.5      As the Temporary Fuel Surcharge responds to fluctuations in fuel prices, it may increase or decrease from time to time.

 

5.        OTHER PROVISIONS

 

5.1      The Temporary Fuel Surcharge may be offset by any payments made to a Contract Carrier in excess of the amounts prescribed elsewhere in this Determination.

 

5.2      Leave is reserved for any party to apply to vary the operation of this Schedule in circumstances where the Principal Contractor:

 

(a)       provides the Contract Carrier with fuel, either for free or at a cost below the prevailing market rate;

 

(b)      directly reimburses the Contract Carrier for some or all of their fuel costs; or

 

(c)       otherwise compensates the Contract Carrier for their fuel costs.

 

3.        This variation will take effect on 18 April 2022.

 

 

 

D. SLOAN, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.