Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Industry - Quarried Materials, &c., Carriers Contract Determination [2014] NSWIRComm 1003 Hearing dates: 4 and 18 December 2013 Decision date: 09 January 2014 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Determination varied in terms set out in Exhibit 1 as amended. Operative date: from the beginning of the first full pay period to commence on or after 1 February 2014. Catchwords: Contract determination - quarried materials industry - application to vary cartage rates and related provisions - application approved. Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Applicant) Australian Federation of Employers and Industries (Respondent) Boral Construction Materials Group Ltd (Respondent) CSR Construction Materials (Respondent) NSW Business Chamber Limited (Respondent) Pioneer Construction Materials Pty Ltd (Respondent) The Australian Industry Group New South Wales Branch (Respondent) The Master Builders' Association of New South Wales (Respondent) Representation: Mr A Guy - Union official (applicant) Mr N Ward - Lawyer for Australian Business Lawyers & Advisors on behalf of Boral Construction Materials Group Ltd (respondent) Mr R Grace - Master Builders Association of NSW (respondent) Ms S Williams - Australian Industry Group (respondent) File Number(s): IRC 884 of 2013 DECISION 1This matter concerns an application pursuant to s.320 of the Industrial Relations Act 1996 by the Transport Workers' Union of New South Wales (the Union), to vary the Transport Industry - Quarried Materials, &c., Carriers Contract Determination (the Determination). 2The application was subject to proceedings before the Commission on 4 and 18 December 2013. During proceedings on 18 December 2013, Mr A Guy appeared for the Union. Mr N Ward appeared for the Australian Business Lawyers & Advisors on behalf of Boral Construction Materials Group Ltd. Mr R Grace appeared for Master Builders Association of New South Wales. Ms S Williams appeared for the Australian Industry Group. 3The rates of remuneration contained in the Determination were last varied in September 2011. The present application is for a general rate review in accordance with the formula set out in Schedule 1 of the Determination. 4The application seeks a net 6.30% increase to all cartage rates set out under Annexure "A" of the Determination. 5The application seeks to vary the cost component formula set out under Schedule 2, Annexure "B" of the Determination. The Quarried Material State Award was taken to have been rescinded on 28 November 2011 by virtue of the Industrial Relations Amendment (Non-operative Awards) Act 2011 (NSW). In that regard, the Union submitted that the Road Transport and Distribution Award 2010 incorporating the NSW transitional arrangements is the most appropriate labour benchmark. 6The application seeks to vary Schedule 3, Benchmarks under Annexure "B" of the Determination by updating the relevant rate adjustment indicia for labour, fuel, repair parts, tyres and accessories, depreciation, registration and other fixed costs. 7The application seeks to vary Schedule 4 under Annexure "B" by inserting a new consultation provision concerning future variations to the Determination. 8The application also seeks to vary subclause (vi)(c) of Clause 2, Cartage Rates by providing the new rates of remuneration may be reduced by up to 0.43% if the carrier is eligible to claim a rebate pursuant to the Commonwealth Government's fuel tax credit subsidy for the performance of a contract of carriage. 9Mr Guy submitted the Union had conferred extensively with the employer respondents concerning the proposed variations. He further submitted the parties had agreed that the variations to the Determination should operate from 1 February 2014. The employer respondents did not oppose the application. 10Having considered the application and the submissions of the parties, I propose to vary the Determination in the terms sought and conveniently set out in Exhibit 1, tendered by Mr Guy on 18 December 2013. 11The variation shall operate from the beginning of the first full pay period to commence on or after 1 February 2014. John Stanton 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: 10 January 2014