Transport Industry - Car Carriers Contract Determination [2011] NSWIRComm 1004

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Industry - Car Carriers Contract Determination [2011] NSWIRComm 1004 Hearing dates: 15 February 2011 Decision date: 15 February 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C Decision: The variation to the rates payable under this Determination shall operate from the first full pay period to commence on or after 23 March, 2011. Catchwords: CONTRACT CARRIERS - contract determination - consent variation concerning rates of remuneration Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Applicant)

Australian Industry Group (Respondent) Representation: David Tritton, Union Official (Applicant)

Brent Ferguson (Respondent) File Number(s): IRC 1475 of 2010

DECISION 1Pursuant to the provisions of Part 2, Contract Determinations of Chapter 6, Public Vehicles and Carriers [Ss.311 to 331], of the Industrial Relations Act 1996, the Transport Workers' Union of New South Wales lodged an application for variation of the Transport Industry - Car Carriers Contract Determination ("the Determination"). 2The matter was listed on 23 December, 2010, 4 and 15 February, 2011. On the latter date, the application proceeded by way of consent. 3The application that proceeded by way of consent of the parties, was titled "Second Amended Application" and marked Exhibit 1. Leave was granted by the Commission to hand up the amended application, pursuant to Part 19.6 of the Uniform Civil Procedure Rules 2005. 4Schedule 2 of the Transport Industry - Car Carriers Contract Determination provides a procedure which is to be applied for the purpose of calculating adjustments to the rates and amounts applicable under the Determination. This procedure articulates the process by which rates and amounts are to be adjusted on an annual or an interim basis through the application of a rise and fall formula which takes into account movements in certain listed indicia. 5The variation sought gives effect to the provisions of Schedule 2 as they relate to annual adjustments. It provides for a 2.56% increase. 6It also seeks to amend the wording of the Determination to reflect the operation of the Commonwealth Government's tax fuel credit subsidy. It also changes the cost benchmark utilized for determining the associated reduction in rates where that subsidy is applicable, so that the same benchmark for fuel costs is adopted throughout the instrument. 7The variation to the rates payable under this Determination shall operate from the first full pay period to commence on or after 23 March, 2011. A Macdonald 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. Decision last updated: 16 February 2011