Applications to vary the Transport Industry – General Carriers Contract Determination 2017 and Transport Industry – Courier and Taxi Truck Contract Determination [2022] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Applications to vary the Transport Industry – General Carriers Contract Determination 2017 and Transport Industry – Courier and Taxi Truck Contract Determination [2022] NSWIRComm 1003 Hearing dates: 18 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I order that pursuant to s 320 of the Industrial Relations Act 1996: (1) the Transport Industry – General Carriers Contract Determination 2017 be varied in accordance with Appendix A to the Submissions of NSW Business Chamber Limited dated 17 February 2022; (2) the Transport Industry – Courier and Taxi Truck Contract Determination be varied in accordance with Appendix C to the Submissions of NSW Business Chamber Limited dated 17 February 2022; and (3) the Transport Industry – Courier and Taxi Truck (Superannuation) Contract Determination be rescinded. These orders take effect on 1 March 2022. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Contracts of Carriage – applications for variation to contract determinations – application for rescission of contract determination – consent position – principles to apply Legislation Cited: Industrial Relations Act 1996 ss 3, 146, 313, 316, 320 Cases Cited: Transport Industry – General Carriers Contract Determination [2016] NSWIRComm 3 Transport Industry – General Carriers Contract Determination 2017 [2017] NSWIRComm 1013 Texts Cited: Nil Category: Principal judgment Parties: Transport Workers' Union, New South Wales NSW Business Chamber Limited ABC Couriers The Australian Industry Group The Australian Road Transport Industrial Organisation Crisis Couriers FedEx Express Toll Group Representation: G Webb (TWU) N Ward (NSWBC, ARTIO, Toll Group) D Murray (AiGroup) R Pegg (Crisis Couriers, ABC Couriers) C Tirado (FedEx Australia) File Number(s): 2019/268320, 2020/112760, 2020/112849 and 2020/133735 Publication restriction: No