Transport Industry - General Carriers Contract
Determination 2017
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales
(Case No. 427934of 2024)
|
Before Commissioner
McDonald
|
29
November 2024
|
VARIATION
1. Delete
subclauses (e) and (f) of subclause 20.2 of clause 20 Rates of Remuneration of
the Award published 24 August 2020 (387 I.G. 924) and reprinted 1 March 2024
(396 I.G. 891) and insert in lieu the following:
(e) Nothing
in this subclause affects an obligation of a Principal Contractor to pay the
per/km rate applicable in Schedule A Tables
A.1.1 or A.2.1, or any of
the rates in clauses A.2A,
A4, A5 or A6 for the Cartage Work.
(f) Minimum
Earnings Guarantee - Reconciliation: If clause 20.2(b) or (c) applies to a
Contract of Carriage and in an 8
week period the Contract Carrier has not worked at least 50 hours each
week for whatever reason, then:
(i) the
Principal Contractor must ensure that the Contract Carrier receives an amount
of pay (excluding any payment arising from the
per/km rates in Schedule A Tables A.1.1 or A.2.1, or from any of the rates in clauses
A.2A, A4, A5 or A6 equivalent to the Minimum Earnings Guarantee.
(ii) If
there is any shortfall between the amount of pay paid to the Contract Carrier
(excluding any payment arising from the per/km rates in Schedule A clauses
A.1.1 or A.2.1, or from any of the rates in clauses A.2A, A4, A5 or A6 and the
Minimum Earnings Guarantee, the Principal Contractor must pay the shortfall to
the Contract Carrier in the Principal Contractor’s next pay cycle.
2. Delete
tables in paragraph A.1.1 of subclause A.1 of Schedule A – Rates of
Remuneration and insert the following:
From the
first full pay period
commencing on or after 1 December 2024:
|
Class of Vehicle
|
Per
hour
|
Running Rate
|
Per
km excluding
|
Per
km fuel
|
|
|
|
fuel
component
|
component
of the
|
|
|
|
running rate for
|
running rate for
|
|
|
|
the purposes of
|
the purposes
|
|
|
|
Schedule C
|
Schedule C
|
|
($)
|
($/km)
|
($/km)
|
($/km)
|
|
Rigid-carrying capacity over
3 and including 5 tonnes
|
$57.30
|
$0.30
|
$0.13
|
$0.17
|
|
Rigid-carrying capacity 5
and including 8 tonnes
|
$65.32
|
$0.34
|
$0.14
|
$0.19
|
|
Rigid-carrying capacity over
8 and including 10 tonnes
|
$75.24
|
$0.44
|
$0.16
|
$0.28
|
|
Rigid-carrying capacity over
10 and
including 12 tonnes
|
$75.27
|
$0.49
|
$0.20
|
$0.28
|
|
Rigid-carrying capacity over
12 and
including 14 tonnes
|
$75.97
|
$0.48
|
$0.19
|
$0.28
|
|
Rigid-carrying capacity over
14 tonnes
or more
|
$80.42
|
$0.58
|
$0.22
|
$0.36
|
|
Single Axle Prime Mover
|
$81.71
|
$0.54
|
$0.16
|
$0.38
|
|
Bogie Axle
Prime Mover
|
$88.38
|
$0.67
|
$0.20
|
$0.46
|
From the first full pay
period commencing on or after 1 June 2024:
|
Class of Vehicle
|
Per hour
($)
|
Running Rate
($/km)
|
Per km excluding fuel component running Rate for the purposes of
Schedule C
($/km)
|
Per km fuel component
of the running rate for the purposes of Schedule C
($/km)
|
|
Rigid-carrying capacity up to and including
3 tonnes
|
Per Light Vehicle Schedule
|
|
Rigid-carrying capacity over 3 and
including 5 tonnes
|
$55.46
|
$0.30
|
$0.13
|
$0.17
|
|
Rigid-carrying capacity over 5 and
including 8 tonnes
|
$63.34
|
$0.33
|
$0.14
|
$0.19
|
|
Rigid-carrying capacity over 8 and
including 10 tonnes
|
$71.45
|
$0.44
|
$0.16
|
$0.28
|
|
Rigid-carrying capacity over 10 and
including 12 tonnes
|
$73.06
|
$0.48
|
$0.20
|
$0.28
|
|
Rigid-carrying capacity over 12 and
including 14 tonnes
|
$73.75
|
$0.47
|
$0.19
|
$0.28
|
|
Rigid-carrying capacity over 14 tonnes or
more
|
$78.12
|
$0.58
|
$0.21
|
$0.36
|
|
Single Axle Prime Mover
|
$79.35
|
$0.54
|
$0.16
|
$0.38
|
|
Bogie Axle Prime Mover
|
$85.86
|
$0.66
|
$0.20
|
$0.46
|
3. Delete
the tables in subclause A.2 and insert in lieu the following:
From the first full pay
period commencing on or after 1 December 2024:
|
Class of Vehicle
|
Per hour
($)
|
Running Rate
($/km)
($)
|
Per km excluding fuel component running Rate for the purposes of
Schedule C
($/km)$
|
Per km fuel component of the running rate for the purposes of Schedule
C
($/km)
|
|
Rigid-carrying capacity up to and including
3 tonnes
|
Per Light Vehicle Schedule
|
|
Rigid-carrying capacity over 3 and
including 5 tonnes
|
$52.94
|
$0.38
|
$0.21
|
$0.17
|
|
Rigid-carrying capacity over 5 and
including 8 tonnes
|
$58.97
|
$0.43
|
$0.23
|
$0.19
|
|
Rigid-carrying capacity over 8 and
including 10 tonnes
|
$64.65
|
$0.52
|
$0.24
|
$0.28
|
|
Rigid-carrying capacity over 10 and
including 12 tonnes
|
$69.44
|
$0.57
|
$0.29
|
$0.28
|
|
Rigid-carrying capacity over 12 and
including 14 tonnes
|
$69.28
|
$0.56
|
$0.28
|
$0.28
|
|
Rigid-carrying capacity over 14 tonnes or
more
|
$70.63
|
$0.67
|
$0.30
|
$0.36
|
|
Single Axle Prime Mover
|
$66.87
|
$0.60
|
$0.24
|
$0.36
|
|
Bogie Axle Prime Mover
|
$72.29
|
$0.73
|
$0.29
|
$0.44
|
From the first full pay
period commencing on or after 1 June 2024:
|
Class of Vehicle
|
Per hour
($)
|
Running Rate
($/km)
($)
|
Per km excluding fuel component running Rate for the purposes of
Schedule C
($/km)$
|
Per km fuel component
of the running rate for the purposes of Schedule C
($/km)
|
|
Rigid-carrying capacity up to and including
3 tonnes
|
Per Light Vehicle Schedule
|
|
Rigid-carrying capacity over 3 and
including 5 tonnes
|
$51.15
|
$0.37
|
$0.20
|
$0.17
|
|
Rigid-carrying capacity over 5 and
including 8 tonnes
|
$57.07
|
$0.42
|
$0.23
|
$0.19
|
|
Rigid-carrying capacity over 8 and
including 10 tonnes
|
$60.99
|
$0.52
|
$0.24
|
$0.28
|
|
Rigid-carrying capacity over 10 and
including 12 tonnes
|
$67.31
|
$0.57
|
$0.29
|
$0.28
|
|
Rigid-carrying capacity over 12 and
including 14 tonnes
|
$67.14
|
$0.55
|
$0.27
|
$0.28
|
|
Rigid-carrying capacity over 14 tonnes or
more
|
$68.45
|
$0.66
|
$0.30
|
$0.36
|
|
Single Axle Prime Mover
|
$64.70
|
$0.60
|
$0.24
|
$0.36
|
|
Bogie Axle Prime Mover
|
$69.97
|
$0.73
|
$0.29
|
$0.44
|
4. Insert
the following new subclause A.2A after subclause A.2:
A.2A A Contract Carrier who in order to perform a contract of carriage
is required by the Principal Contractor to supply and tow a trailer of the kind
described in the Trailer Type column below must be paid the following amounts
(rounded up to the nearest half hour, and nearest kilometre):
From the first full pay period commencing
on or after 1 December 2024:
|
Trailer Type
|
Per Hour
$
|
Per kilometre
($/km)
|
|
Semi Trailer
|
$9.87
|
$0.1840
|
|
Double Lead Trailer
|
$9.16
|
$0.1840
|
|
Refrigerated
|
$15.32
|
$0.1840
|
5. Delete
Schedule A, subclause A.4.2 and insert in lieu the following:
The
lump sum allowance referred to in clause 22.2 is:
(a)
From the first full pay period commencing on or after 1 December 2024: $8,315.03.
(b)
From the first full pay period commencing on or
after 1 June 2024; $8,175.12 and
6. Delete
the table at Schedule A, subclause A.4.3 and insert in lieu the following:
From the first full pay period commencing on or after
1 December
2024:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime Mover
|
$0.50
|
|
Single Axle Prime Mover
|
$0.50
|
|
Rigid-carrying capacity over 14 tonnes or more
|
$0.50
|
|
Rigid-carrying capacity over 12 and including 14
tonnes
|
$0.50
|
|
Rigid-carrying capacity over 10 and including 12
tonnes
|
$0.50
|
|
Rigid-carrying capacity over 8 and including 10
tonnes
|
$0.50
|
|
Rigid-carrying capacity over 5 and including 8
tonnes
|
$0.50
|
|
Rigid-carrying capacity over 3 and including 5
tonnes
|
$0.50
|
|
Rigid-carrying capacity less than 3 tonnes
|
$0.50
|
From the first full pay
period commencing on or after 1 June 2024:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle Prime
Mover
|
$0.49
|
|
Single Axle
Prime Mover
|
$0.49
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.49
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.49
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.49
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.49
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.49
|
|
Rigid-carrying
capacity over 3 and including 5 tonnes
|
$0.49
|
|
Rigid-carrying
capacity less than 3 tonnes
|
$0.49
|
7. Delete
the table at Schedule A, subclause A.5 and insert in lieu the following:
From the first full pay
period commencing on or after 1 December 2024:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle
Prime Mover
|
$0.05
|
|
Single Axle Prime Mover
|
$0.05
|
|
Rigid-carrying capacity over 14 tonnes
or more
|
$0.05
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 8 and
including 10 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 5 and
including 8 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 2 and
including 5 tonnes
|
$0.05
|
|
Rigid-carrying capacity less than 3 tonnes
|
|
From the first full pay
period commencing on or after 1 June 2024:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle
Prime Mover
|
$0.05
|
|
Single Axle Prime Mover
|
$0.05
|
|
Rigid-carrying capacity over 14 tonnes
or more
|
$0.05
|
|
Rigid-carrying capacity over 12 and including 14 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 10 and including 12 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 8 and
including 10 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 5 and
including 8 tonnes
|
$0.05
|
|
Rigid-carrying capacity over 2 and
including 5 tonnes
|
$0.05
|
|
Rigid-carrying capacity less than 3 tonnes
|
|
8. Delete
the table at Schedule A, subclause A.6 and insert in lieu the following:
From the
first full pay period commencing on or after 1 December 2024:
|
Class of Vehicle
|
Per-hour
$
|
|
Bogie Axle
Prime Mover
|
$0.34
|
|
Single Axle Prime
Mover
|
$0.34
|
|
Rigid-carrying capacity over 14 tonnes or more
|
$0.34
|
|
Rigid-carrying capacity over 12 and including 14
tonnes
|
$0.34
|
|
Rigid-carrying capacity over 10 and including 12
tonnes
|
$0.34
|
|
Rigid-carrying capacity over 8 and including 10
tonnes
|
$0.34
|
|
Rigid-carrying capacity over 5 and including 8
tonnes
|
$0.34
|
|
Rigid-carrying capacity over 2 and including 5
tonnes
|
$0.34
|
|
Rigid-carrying capacity less than 3 tonnes
|
|
From the first full pay period
commencing on or after 1 June 2024:
|
Class of Vehicle
|
Per hour
$
|
|
Bogie Axle
Prime Mover
|
$0.34
|
|
Single Axle Prime Mover
|
$0.34
|
|
Rigid-carrying
capacity over 14 tonnes or more
|
$0.34
|
|
Rigid-carrying
capacity over 12 and including 14 tonnes
|
$0.34
|
|
Rigid-carrying
capacity over 10 and including 12 tonnes
|
$0.34
|
|
Rigid-carrying
capacity over 8 and including 10 tonnes
|
$0.34
|
|
Rigid-carrying
capacity over 5 and including 8 tonnes
|
$0.34
|
|
Rigid-carrying
capacity over 2 and including 5 tonnes
|
$0.34
|
|
Rigid-carrying
capacity less than 3 tonnes
|
|
9. Delete
Schedule A, subclause A.7.1 and insert in lieu the following:
A Contract Carrier who, in order to
perform a contract of carriage, is required to supply tarpaulins, ropes, gates,
chains and dogs for use in a Contract of Carriage must be paid the following
allowance per day or part day during which the equipment is used for the
purpose of the Contract of Carriage:
(a) From the first full pay
period on or after 1 December 2024: $5.31
(b) From
the first full pay period on or after 1 June 2024: $5.13
10. Delete
Schedule A, subclause A.7.2 and insert in lieu the following:
A Contract Carrier who, in order to
perform a Contract of Carriage, is required to fit his trailer with twistlocks
for the carriage of I.S.O containers must be paid the following allowance per
day or part day during which the equipment is used for the purpose of the
Contract of Carriage:
(a) From the first full pay
period commencing on or after 1 December 2024: $3.91
(b) From
the first full pay period on or after 1 June 2024: $3.84
11. Delete
the table at Schedule A, subclause A.7.3 and insert in lieu the following:
From the
first full pay period
commencing on or after 1
December 2024:
|
Equipment type
|
Per day
|
|
$
|
|
Rear-Lift Platform up to and including 3,000
lbs capacity
|
$ 6.25
|
|
Rear-Lift Platform up to and including 6,000
lbs capacity
|
$ 8.57
|
|
Side loading device
|
$ 27.56
|
From the first full pay period commencing on or after
1 June 2024:
|
Equipment Type
|
Per day
$
|
|
Rear-Lift Platform up to and including
3,000 lbs capacity
|
$ 6.14
|
|
Rear-Lift Platform up to and including
6,000 lbs capacity
|
$ 8.42
|
|
Side loading device
|
$ 27.10
|
12. Delete
the table at Schedule B, subclause B.1 and insert in lieu the following:
From the
first full pay period
commencing on or after 1 December 2024:
|
Class of Vehicle
|
Rate
|
|
Rigid Vehicle
|
|
|
Not less
than 8 and not
greater than 10 tonnes
|
$71.99
|
|
Not
less than 10 and not greater than 12 tonnes
|
$77.47
|
|
Not less than 12 and not greater than 14 tonnes
|
$77.10
|
|
Not less than
14 tonnes
|
$79.95
|
|
Single Axle Prime
Mover
|
$75.34
|
|
Bogie Axle Prime
Mover
|
$82.56
|
From the first full pay period commencing on or after
1 June 2024:
|
Class of Vehicle
|
Rate
|
|
Rigid Vehicle
|
|
|
Rigid-carrying capacity over 8 and
including 10 tonnes
|
$68.28
|
|
Rigid-carrying capacity over 10 and
including 12 tonnes
|
$75.27
|
|
Rigid-carrying capacity over 12 and
including 14 tonnes
|
$74.90
|
|
Rigid-carrying capacity over 14 tonnes or
more
|
$77.70
|
|
Single Axle Prime Mover
|
$73.10
|
|
Bogie Axle Prime Mover
|
$80.18
|
13. Delete
the table at Schedule B, subclause B.2 and insert in lieu the following:
From the first full
pay period commencing on or after 1
December 2024:
|
|
Rate A - Subsidy
|
Rate B –
No Subsidy
|
|
40 ft Skel trailer
|
$60.70 per day
|
$61.95 per day
|
|
40 ft General Purpose trailer
|
$60.70 per day
|
$65.24 per day
|
|
Dog or Pig trailer
|
$45.46 per day
|
$48.82 per day
|
|
Pup trailer
|
$30.37 per day
|
$32.64 per day
|
|
20 ft Skel trailer
|
$54.65 per day
|
$58.73 per day
|
From the first full pay period commencing on or after
1 June 2024:
|
|
Rate A - Subsidy
|
Rate B –
No Subsidy
|
|
40 ft Skel trailer
|
$58.65 per day
|
$59.85 per day
|
|
40 ft General Purpose trailer
|
$58.65 per day
|
$63.03 per day
|
|
Dog or Pig trailer
|
$43.92 per day
|
$47.17 per day
|
|
Pup trailer
|
$29.34 per day
|
$31.53 per day
|
|
20 ft Skel trailer
|
$52.80 per day
|
$56.74 per day
|
14. Delete
the table at Schedule B, subclause B.3 and insert in lieu the following:
From the
first full pay period
commencing on or after 1
December 2024:
|
40 ft trailer
|
$3.54 per hour
|
$3.46 per hour
|
|
Dog/Pig trailer
|
$6.89 per hour
|
$6.72 per hour
|
|
Pup trailer
|
$5.10 per hour
|
$4.98 per hour
|
From the first
full pay period commencing on or after 1 June 2024:
|
40 ft trailer
|
$3.42 per hour
|
$3.34 per hour
|
|
Dog/Pig trailer
|
$6.66 per hour
|
$6.49 per hour
|
|
Pup trailer
|
$4.93 per hour
|
$4.81 per hour
|
15. Replace
subclause C.1.1 with the following wording:
C.1.1 The rates prescribed in Schedules A and B
shall be adjusted with effect from 1 June and 1 December each year or as provided in this Schedule.
16. Replace
subclause C.1.8 with the following wording:
C.1.8 The procedure outlined in subclause C.1 does
not apply to Light Vehicle Rates.
J. McDONALD, Commissioner.
____________________
Printed
by the authority of the Industrial Registrar.