Industrial Relations Commission of New South Wales CITATION: Transport Industry - General Carriers Contract Determination [2008] NSWIRComm 1020 APPLICANT Transport Workers' Union of New South Wales PARTIES: RESPONDENTS Australian Federation of Employers and Industries Australian Industry Group Australian Business Industrial FILE NUMBER(S): IRC 2209 of 2007 CORAM: Connor C CATCHWORDS: contract carriers - contract determination - consent variation concerning rates of remuneration LEGISLATION CITED: Industrial Relations Regulations 1996 HEARING DATES: 28/02/2008 EXTEMPORE JUDGMENT DATE : 28 February 2008 APPLICANT Philip Boncardo Transport Workers' Union of New South Wales RESPONDENTS LEGAL REPRESENTATIVES: Emma Keating Australian Federation of Employers and Industries Shaun Schmitke Australian Industry Group Carlie Fielding Australian Business Industrial DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: CONNOR C Thursday, 28 February, 2008 Matter No IRC 2209 of 2007 Transport Industry - General Carriers Contract Determination Application under S.312 of the Industrial Relations Act, 1996 for variation of the Transport Industry - General Carriers Contract Determination re rates of remuneration DECISION [2008] NSWIRComm 1020 1 Pursuant to the provisions of Part 2, Contract Determinations, of Chapter 6, Public Vehicles and Carriers [Ss.311 to 331], of the 1996 Industrial Relations, the Transport Workers' Union of New South Wales lodged an application for variation of the Transport Industry - General Carriers Contract Determination. The matter was listed for mention before me on Thursday, 17 January, 2008 and adjourned for further mention on Wednesday, 30 January, 2008, Friday, 15 February, 2008, Friday, 22 February, 2008 and Thursday, 28 February, 2008. 2 The application seeks an increase to the rates of remuneration in the contract determination in accordance with the established formula in the contract determination. Those rates of remuneration were originally established by consent of the parties and subsequently adjusted from time to time, also by consent. They are calculated to cover wages, standing costs and running costs of vehicles. The current application takes into account all movements in the set benchmarks. It is also made with the consent of the parties. As the TWU has indicated in a schedule to its application, contract drivers have faced significant increases in their costs since the previous adjustment to the rates of remuneration and there is a need to make the necessary adjustment to those rates of remuneration. 3 I converted the mention on Thursday, 28 February, 2008 into the conference required by S.315 and then, with the consent of the parties, into a hearing. In that hearing Mr Boncardo represented the TWU, Ms Keating represented the Australian Federation of Employers and Industries (formerly Employers First), Mr Schmitke represented the Australian Industry Group and Ms Fielding represented Australian Business Industrial. An amended application [Exhibit 1] has been filed by Mr Boncardo and served by the TWU on Thursday, 21 February, 2008 and that now forms the basis of the proposed variation to the General Carriers Contract Determination. 4 Mr Boncardo also provided into evidence [Exhibit 2] a helpful document outlining the component parts to the formula used for the adjustment of the rates of remuneration. It includes in the calculations the full range of issues for the vehicles, viz: * capital costs (based on a Holden Rodeo CCLX 2 door manual 5 speed, Isuzu FTR900 MWB C Chas and Sterling LT 9500); * administrative costs and repair and maintenance costs (based on the ABS CPI "All Groups" Sydney); * registration (based on the ABS CPI Transportation sub group "Other Motoring Charges); * tyres (based on the CPI Transportation sub group "Motor Vehicle Parts and Accessories; * insurances (based on the ABS CPI, Financial and Insurance Services sub group "Insurance Services"); and * fuel (based on the Shell commercial bulk price for Sydney, Automotive). 5 The variation to the General Carriers Contract Determination is made with the consent of the parties in terms of Exhibit 1. The variation shall have effect from the beginning of the first pay period to commence on or after Thursday, 28 February, 2008, in accordance with the agreement of the parties. P J CONNOR Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.