Metromix Pty Limited and Transport Workers' Union of NSW [2021] NSWIRComm 1038

Industrial Relations Commission New South Wales Medium Neutral Citation: Metromix Pty Limited and Transport Workers' Union of NSW [2021] NSWIRComm 1038 Hearing dates: 26 April 2021 Date of orders: 26 April 2021 Decision date: 26 April 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Interim contract determination made Catchwords: CONTRACT OF CARRAIGE – dispute over application of contract determination in circumstances where contract carriers start work before 6:00am – surcharge for delivery outside normal hours – call back fee Legislation Cited: Industrial Relations Act 1996 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Metromix Pty Ltd (Notifier) Transport Workers Union of NSW (Respondent) Representation: N Ward (Notifier) I Wisniewska (Respondent) File Number(s): 2021/110607 Publication restriction: No

ex tempore decision 1. COMMISSIONER: I have before me an application by Metromix Pty Limited (Metromix) to make an interim determination pursuant to s 332 of the Industrial Relations Act 1996, which would have the effect of requiring contract carriers engaged by Metromix to report for work prior to 6am but not be paid the call back fee specified in clause 4.11 of the Metromix Pty Limited Maxi Concrete Cartage Contract Determination. 2. I have considered the evidence of Mr Darren Mahoney, Logistics Manager of Metromix, and the submissions put on behalf of the company by Mr Ward. I have also considered the written submissions put on behalf of Transport Workers' Union of NSW by Ms Wisniewska and the oral submissions made this morning. 3. I have determined to make an interim determination, to be known as the Metromix Pty Limited Maxi Concrete Cartage Contract (Interim) Determination, in the following terms: 1. Contract carriers covered by the Metromix Pty Limited Maxi Concrete Cartage Contract Determination (the Determination) are to forthwith report available for cartage work with their vehicle and to be ready to load at the times and plants that Metromix Pty Limited directs in accordance with clause 9.3 of the Determination. 2. For the duration of this interim determination, contract carriers who are required to report available for cartage work with their vehicle prior to 6am in the morning will not be entitled to be paid the call back fee specified in clause 4.11 of the Metromix Pty Limited Maxi Concrete Cartage Contract Determination. 3. This interim determination commences on 12pm, 26 April 2021 and remains in force for a period of one month. 1. I so order. JOHN MURPHY COMMISSIONER