N.S.W. Couriers Pty Ltd t/a Aramex (Sydney) Precluded Deductions Contract Determination

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.

 

(Case No. 421231 of 2023)

 

 

DETERMINATION

 

Content

 

Clause No.         Subject Matter

 

1.         Area incidence and duration

2.         Definitions

3.         Prohibited Deductions and charges

 

1.  Area Incidence and Duration

 

1.1       Application

 

This Contract Determination will operate with respect to contracts of carriage between N.S.W. Couriers Pty Ltd and its Courier Franchisees.

 

1.2       Nominal Term

 

This Contract Determination will operate with a nominal term of 3 years commencing from the date on which it is made.

 

2.  Definitions

 

In this Contract Determination:

 

"Aramex (Sydney)" means N.S.W. Couriers Pty Ltd (ACN: 058 065 080).

 

"Act" means the Industrial Relations Act 1996 (NSW);

 

"Contract of Carriage" has the meaning given to that term in section 309 of the Act;

 

"Outside Hire" refers to third party transport providers, but does not include Blu Couriers;

 

"Scanners" refers to handheld devices used by Courier Franchisees in the performance of their duties, and all associated technology and equipment.

 

3.  Prohibited Deductions and Charges

 

3.1       Aramex (Sydney) must not deduct from the remuneration of a Courier Franchisee:

 

(a)        any amount for the supply, installation, maintenance and use of Scanners. This does not include costs resulting from the misuse or mistreatment of the technology by the Courier Franchisee;

 

(b)        costs associated with the sorting of freight; or

 

(c)        costs associated with utilising Outside Hire.

 

 

 

D. SLOAN, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.