Applications to Vary the Transport Industry – Car Carriers (State) Contract Determination [2022] NSWIRComm 1048

Industrial Relations Commission New South Wales Medium Neutral Citation: Applications to Vary the Transport Industry – Car Carriers (State) Contract Determination [2022] NSWIRComm 1048 Hearing dates: 24 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Order that, pursuant to s 320 of the Industrial Relations Act 1996, the Transport Industry – Car Carriers (NSW) Contract Determination be varied in accordance with Annexure A to the submissions of The Australian Industry Group, New South Wales Branch, dated 15 June 2022 as amended during today's proceedings. This order is to take effect from the first full pay period commencing on or after 1 July 2022. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Contracts of Carriage – applications for variation to contract determination – consent position – principles to apply Legislation Cited: Industrial Relations Act 1996 s 320 Cases Cited: Applications to Vary the Transport Industry – General Carriers Contract Determination 2017 and Transport Industry – Courier and Taxi Contract Determination [2022] NSWIRComm 1003 Texts Cited: Nil Category: Principal judgment Parties: Transport Workers' Union of Australia, New South Wales The Australian Industry Group New South Wales Branch Autocare Services Pty Limited Representation: J Aykut (TWU) H Harrington (Ai Group, Autocare) File Number(s): 2019/00203732, 2019/00254337 and 2021/00208131 Publication restriction: Nil

EX TEMPORE decision 1. The Commission has before it three matters, all seeking variations to the Transport Industry – Car Carriers (NSW) Contract Determination ("Contract Determination"). They are: 1. an application filed by the Transport Workers' Union of Australia, New South Wales ("TWU") on 1 July 2019; 2. an application filed by The Australian Industry Group New South Wales Branch ("Ai Group") on 13 August 2019; and 3. an application filed by Autocare Services Pty Limited ("Autocare") on 20 July 2021, (collectively, "Applications"). 1. In an effort to resolve the matters arising from the Applications, I convened a number of conciliation conferences on and after 19 July 2019. Present in those conferences were representatives of the TWU and Ai Group, contract carriers and management representatives from Autocare, CEVA Logistics (Australia) Pty Limited and PrixCar Services. I understand that a significant amount of negotiation has been conducted between the parties outside the auspices of the Commission. 2. The parties come before the Commission today with a consent position, the details of which I will return to.