Transport Industry - Excavated Materials, Contract
Determination
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 444067 of 2023)
|
Before Commissioner Sloan
|
20 December 2023
|
VARIATION
1. Delete
"Part B" and replace with the following.
PART B
Rates of Remuneration
|
Item
|
2 Axles
|
3 Axles
|
4 Axles
|
5 Axles
|
6 Axles
|
6 Axles (48t)
|
7 Axles
|
PBS T&D
|
|
|
($)
|
($)
|
($)
|
($)
|
($)
|
($)
|
($)
|
($)
|
|
1. Loading Rate
|
21.815
|
33.969
|
41.256
|
49.088
|
52.862
|
56.621
|
57.434
|
61.194
|
|
1A. Extra Capacity (per cubic
metre)
|
3.759
|
3.759
|
3.759
|
3.759
|
3.759
|
x
|
3.759
|
x
|
|
2. Kilometre Rate (0-8 Km)
|
5.486
|
8.546
|
10.378
|
12.349
|
13.296
|
14.242
|
14.449
|
15.395
|
|
2A. Extra Capacity (per cubic
metre)
|
0.946
|
0.946
|
0.946
|
0.946
|
0.946
|
x
|
0.946
|
x
|
|
3. Kilometre Rate (over 8 -
25 km)
|
5.076
|
7.906
|
9.605
|
11.426
|
12.308
|
13.184
|
13.373
|
14.249
|
|
3A. Extra Capacity (per cubic
metre)
|
0.876
|
0.876
|
0.876
|
0.876
|
0.876
|
x
|
0.876
|
x
|
|
4. Kilometre Rate (over 25
km)
|
3.993
|
3.993
|
3.993
|
3.993
|
3.993
|
4.806
|
3.993
|
4.806
|
|
4A. Extra Capacity (per cubic
metre)
|
0.813
|
0.813
|
0.813
|
0.813
|
0.813
|
x
|
0.813
|
x
|
|
6. Hourly Rate
|
71.526
|
111.374
|
135.316
|
160.878
|
173.257
|
185.630
|
197.142
|
209.514
|
|
6A. Extra Capacity (per cubic
metre)
|
12.372
|
12.372
|
12.372
|
12.372
|
12.372
|
x
|
12.372
|
x
|
2. Delete
"Part C" and replace with:
PART C
Rise and Fall Formula
1. The rates prescribed
in Part B may be adjusted each year upon application to the Industrial
Relations Commission of New South Wales.
2. Application for
adjustment shall be made by reference to the weighted movement in the following
benchmarks for each cost component, calculated as at the end of the full
quarter immediately preceding the variation, with each adjustment application
based upon the rates and amounts in the immediately preceding variation.
|
Component
Current
|
Benchmark
|
Current
Index
|
Weighting
|
|
Wages
|
Road Transport and
Distribution Award 2010, Grade Three Transport Worker
|
$940.20
|
35.40
|
|
Capital
|
ABS Consumer Price Index
(CPI), Motor Vehicles, Australia
|
111.6
|
18.88
|
|
Insurances
|
ABS CPI, Insurance, Australia
|
166.5
|
6.50
|
|
Registration
|
ABS CPI, Transportation
Group, Other Services in respect of motor vehicles
|
143.2
|
3.27
|
|
Repairs
& Maintenance
|
ABS CPI, Transportation
Group, Maintenance and Repair of Motor and Repair of motor vehicles
|
132.4
|
17.99
|
|
Tyres
|
ABS CPI, Transportation
Group, Spare Parts and Accessories for motor
vehicles
|
139.6
|
5.16
|
|
Fuel
AIP NSW State
|
Average for the Retail Price
of diesel (excluding GST), calculated by determining the average of the weekly
figures between the end of the quarter relating to the last variation and the
end of the quarter prior to any new variation.
|
120.97
|
9.31
|
|
Administration
|
ABS CPI, All Groups, Sydney
|
135.8
|
3.49
|
|
Total
|
|
|
100
|
3. If the cost
components, excepting fuel, change such that it causes an increase in the total
remuneration of 2 percent or more from the date of the last variation, an
interim adjustment may be made. 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.
4. Each cost
component will be re-weighed after each adjustment.
5. Parties to this
Determination will confer with a view to reaching agreement on any application for
adjustment on any application for adjustment. In the absence of agreement the rates and amounts shall be determined by the
IRC.
6. Notwithstanding
anything contained in this Part, a variation shall not be retrospective in
operation but shall operate from a date not earlier than the date upon which it
is made.
3. Delete
"Part D" and replace with:
PART D
Temporary Fuel Levy
APPLICATION
1. This Part
applies to all Contracts of Carriage performed on or after 1 February 2024.
BACKGROUND
2. This Part was
introduced by the IRC in Matter No. 2022/174729 as a temporary measure to
respond to significant fluctuations in the price of fuel and the temporary
inability for Contract Carriers to claim fuel tax credits.
THE SURCHARGE
3. 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 Levy).
4. The Temporary
Fuel Levy shall be paid as a percentage of the total amounts payable to the
Contract Carrier under this Determination.
5. For Contracts
of Carriage performed on or after 1 February 2024, the Temporary Fuel Levy
shall be 5.9%.
REVIEW
6. The Temporary Fuel
Levy shall be reviewed on a monthly basis, subject to
an application being made to the IRC.
7. The Temporary
Fuel Levy shall be calculated by applying the following formula:
((x-y) / y) * z
where:
x = 197.89 ( being 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, in cents, exclusive of GST;
y = 120.97 (being the current index price of fuel as
set out in part C of the Determination); and
z = 0.0931, (being the weighting applied to the fuel
component as set out in part C of the Determination); and
8. The Temporary
Fuel Levy shall be rounded to one decimal place.
9. Parties seeking
a variation to the Temporary Fuel Levy shall make an application to the IRC by
the second Monday of the relevant calendar month.
10. The revised
Temporary Fuel Levy will apply from the first day of the following calendar
month.
11. As the Temporary
Fuel Levy responds to fluctuations in fuel prices, it may increase or decrease
from time to time.
OTHER PROVISIONS
12. The Temporary
Fuel Levy may be offset by any payments made to a Contract Carrier in excess of the amounts prescribed elsewhere in this
Determination.
13. Leave is
reserved for any party to apply to vary the operation of this Part 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 cost
4. This variation
will take effect on 1 February 2024.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.