Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Industry - Excavated Materials Contract Determination [2014] NSWIRComm 1020 Hearing dates: 17 July 2014 Decision date: 21 July 2014 Jurisdiction: Industrial Court of NSW Before: Stanton C Decision: Determination varied in terms set out in Schedule A to Application as amended. Operative date is from the beginning of the first full pay period to commence on or after 15 August 2014. Catchwords: Contract determination - excavated materials industry - application to increase rates of remuneration, adopt revised rise and fall formula and modernise certain allowances. Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Applicant) Australian Road Transport Industrial Organisation of New South Wales (Respondent) Civil Contractors Federation (Respondent) NSW Business Chamber Limited (Respondent) The Australian Industry Group New South Wales Branch (Respondent) The Master Builders' Association of New South Wales (Respondent) File Number(s): IRC 937 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 - Excavated Materials Contract Determination (the Contract Determination). 2The application was subject to proceedings before the Commission on 19 December 2013, 3 April, 11 June and 17 July 2014. 3The application provides for increased rates of remuneration, a revised "rise and fall" formula and the "modernisation" of certain allowances. Full details of the proposed variations were set out in Schedule A to the application as amended. 4During the course of proceedings on 17 July 2014, the parties submitted that the application had been subject to rigorous negotiations and the application before the Commission was by consent. 5Having considered the application and the submissions of the parties, I propose to vary the Contract Determination in the terms sought and set out in Schedule A of the application. The application satisfies the necessary legislative tests. 6The variations shall operate from the beginning of the first full pay period to commence on or after 15 August 2014. JD Stanton Commissioner Amendments 11 February 2015 - Coversheet/Hearing Dates "17 July 2013" amended to read "17 July 2014" 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: 11 February 2015