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Tolls clause added to NSW contract determination

Principal contractor to pay or officially direct toll roads be avoided

 

The latest addition to the New South Wales Transport Industry General Carriers Contract Determination (GCCD) sees the insertion of a new road tolls clause.

The NSW Industrial Relations Commission move takes effect from March 15.

“This clause which was intentionally left blank following lengthy negotiations on an amended determination during 2013-17,” Australian Road Transport Industrial Organisation (ARTIO) NSW branch secretary/treasurer Hugh McMaster notes in an industrial circular.

Under the new clause:

  • A principal contractor shall pay road tolls incurred by a contract carrier as a consequence of any mandatory legal obligations to use certain toll roads or to avoid certain roads including light limit roads which has the result of requiring the use of a toll road.
  • In all other circumstances, a principal contractor shall pay road tolls unless the principal contractor expressly directs the contract carrier in writing to not use a toll road.

Read about ARTIO NSW’s response to attacks on the GCCD, here


“This clause does not apply if the principal contractor can demonstrate that it already pays the contract carrier under an arrangement which factors in the payment of current road tolls, including by way of an alternative remuneration arrangement pursuant to clause 21 of the Determination; or under a registered contract agreement that was approved by the Commission,” McMaster continues.

Clause 25 Tolls & Charges reads:

25.1 A Principal Contractor shall pay road tolls incurred by a Contract Carrier in the performance of Cartage Work for the Principal Contractor as a consequence of any mandatory legal obligations upon commercial vehicles to: (a) use certain toll roads; or (b) avoid certain roads including light limit roads which has the result of requiring the use of a toll road.

25.2 In all other circumstances, a Principal Contractor shall pay road tolls incurred by a Contract Carrier in the performance of Cartage Work for the Principal Contractor unless the Principal Contractor expressly directs the Contract Carrier in writing to not use a toll road. An express direction may include: (a) a standing written direction issued by the Principal Contractor to Contract Carriers on an enterprise or fleet basis; or (b) individual written directions issued by the Principal Contractor to Contract Carriers.

25.3 This clause does not apply: (a) if the Principal Contractor can demonstrate that it already pays the Contract Carrier under an arrangement which factors in the payment of current road tolls, including by way of an alternative remuneration arrangement pursuant to clause 21; or (b) to a Principal Contractor and their Contract Carriers performing Cartage Work under a registered contract agreement that was approved by the Commission during the period of on or after 1 January 2018 and up to and including 15 March 2021. For the avoidance of doubt, the exclusion provided for by 25.3(b) will not apply to any contract agreement that is approved or varied by the Commission after 15 March February 2021.

25.4 The payment of a road toll can be made by a Principal Contractor: (a) in the next pay cycle following the Contract Carrier providing a receipt to the Principal Contractor; or (b) by providing the Contract Carrier with an E-Tag.

The GCCD can be found here.

 

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