Transport Industry - General Carriers Contract Determination [2006] NSWIRComm 1169 (17 November 2006)

Last Updated: 10 December 2009

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Transport Industry - General Carriers Contract Determination [2006] NSWIRComm 1169



FILE NUMBER(S): 3353

HEARING DATE(S): 17/11/06

DECISION DATE: 17/11/2006
PARTIES:
APPLICANT
Transport Workers Union of New South Wales Branch

RESPONDENT
New South Wales Road Transport Association
Australian Business Industrial
Employers First


JUDGMENT OF: Macdonald C


LEGAL REPRESENTATIVES

APPLICANT
Mr C Heuston, union official, TWU
RESPONDENT
Mr R Grace, NSW Road Transport Association
Ms Wang, Australian Business Industrial
Mr Schmitke, Employers First

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996



JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

17 November 2006

Matter No IRC 3353 of 2006

Transport Industry - General Carriers Contract Determination

Application by Transport Workers Union of New South Wales Branch for variation re Schedule 1 - Rates of Remuneration

DECISION

[2006] NSWIRComm 1169

1 This is an application by the Transport Workers Union New South Wales Branch ("the Union") to vary the Transport Industry - General Carriers Contract Determination ("the Contract Determination"), pursuant to s 320 of the Industrial Relations Act 1996 ("the Act").

2 The named Respondents in the Union's application to the Contract Determination are:

· New South Wales Road Transport Association (represented by Mr Grace):

· Australian Business Industrial (represented by Ms Wang); and

· Employers First (represented by Mr Schmitke).

3 Pursuant to the provisions of Part 2, Contract Determinations, of Chapter 6, Public Vehicles and Carriers [Ss.311 to 331], of the Act, the Union lodged an application for variation of the Transport Industry - General Carriers Contract Determination.

The Union was represented by Mr C Heuston.

4 The Union's application (subsequently amended as Amended Schedule A) sought an increase to the rates of remuneration in the Contract Determination in accordance with established formula.

The proposed increase is to cover wages, standing costs and running costs of contract carriers covered by the Contract Determination. The Amended Schedule A contained different percentage increases for different classes of vehicles.

5 The variation of the Contract Determination was made by consent of the parties.

6 The Commission hereby grants the application, as amended, having regard to the material placed before the Commission, the submissions of the parties and the consent of the parties.

7 Accordingly, the Contract Determination is varied in the terms set out in Amended Schedule A and the operative date is from the beginning of the first pay period to commence on or after 17 November 2006.

A Macdonald

Commissioner

LAST UPDATED: 15/08/2007