Queensland involvement sought for NSW General Carriers Contract Determination hearings
The Australian Road Transport Industrial Organisation (ARTIO) in New South Wales will seek to limit any financial and other impacts of a widening of the state’s General Carriers Contract Determination (GCCD).
Prompted by the Transport Workers Union (TWU) state branch, the GCCD is under review in the NSW Industrial Relations Commission, with its coverage already made state-wide but financial implications yet to be finalised.
The organisation has told members it will argue that:
- rates apply only to County of Cumberland
- rates be phased in for work previously not covered
- rates as determined not apply to regional work given complexities around backloading, starting place and finishing place
- an averaging period of 13 weeks apply so a principal contractor can pay any system of remuneration providing no less the GCCD averaged over 13 weeks
- the savings provision in the Interim Determination not apply.
“At the request of employer representatives, the TWU has provided details to show how the rates they are seeking have been calculated,” ARTIO NSW says.
“These cover cost inputs such as capital (vehicle), labour, fuel, tyres, registration, insurance and maintenance.
“ARTIO NSW will critically examine these costings and identify areas of agreement/disagreement.”
ARTIO NSW has emphasised that industry involvement in making its case from both NSW and Queensland is crucial to its efforts.
“It is important that the NSWIRC hear evidence from employers about the impact of regulating rates payable to contract carriers (sub-contractors),” it says, adding that evidence is also needed “where Queensland operators use owner drivers to undertake tasks in NSW”.
- The nature of the evidence required would be:
- what rates are currently being paid for refrigerated work inside the county of Cumberland and outside?
- what rates are being paid in regional NSW (intrastate and possibly interstate)?
- how is the transport task performed in reginal NSW?
- do backloads operate in NSW and if so, how?
Much of the industry view to the GDDC hearings has echoes of concerns felt at Road Safety Remuneration Tribunal (RSRT) hearings.
There witnesses, often without legal representation, were asked to reveal sensitive commercial information in the public forum.
“It is also likely that ARTIO NSW will make an application to the NSWIRC so as to limit the nature of cross examination to facts in issue,” ARTIO NSW states.
“The reason for this is to ‘protect’ transport operators from being asked questions which are really not relevant to determining the issues which the NSWIRC must determine.”
The NSWIRC timeframe is:
- TWU to file its witness statements by 4pm July 20
- respondents to file their evidence by 4pm August 18
- TWU to file any evidence in reply by 4pm September 8
- all parties to file their outlines of submissions by 4pm September 15
- hearings set down for arbitration on September 26- 30, October 4-7; October 13-14 (for final submissions and to finish any witness evidence)
- any party may file a motion with respect to such matters as limitations of cross examination or other procedural matters which will be dealt with by the Commission.