Industrial Relations Commission New South Wales Medium Neutral Citation: Hi-Trans Logistics NSW Contract Carrier Agreement 2022 [2022] NSWIRComm 1090 Hearing dates: Determined on the papers Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Hi-Trans Logistics NSW Contract Carrier Agreement 2022 is approved Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and agreements – application for approval of contract agreement Legislation Cited: Industrial Relations Act 1996 ss 33, 38, 39, 42, 322, 324, 325 Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Texts Cited: Nil Category: Principal judgment Parties: Hi-Trans Logistics Pty Ltd (Applicant) Transport Workers' Union of New South Wales (Respondent) Representation: D Cross, AiGroup Workplace Lawyers (Applicant) G Webb, Transport Workers' Union of New South Wales (Respondent) File Number(s): 2022/00307205 Publication restriction: No DECISION 1. Hi-Trans Logistics Pty Ltd ("Hi-Trans") has brought an application pursuant to s 324 of the Industrial Relations Act 1996 ("Act") for the approval of a contract agreement made under s 322 of the Act between Hi-Trans and the Transport Workers' Union of New South Wales ("TWU"). The agreement is to be known as the "Hi-Trans Logistics NSW Contract Carrier Agreement 2022" ("Agreement"). 2. On 19 October 2022 the Commission received an email from Gavin Webb, the Chief Legal Officer of the TWU. The email was copied to, amongst others, David Cross of AiGroup Workplace Lawyers, the solicitors for Hi-Trans. The email stated in part: "The TWU wishes to advise the Commission that it consents to the application made by Hi-Trans and accepts the evidence it has filed in support of its application. The TWU does not intend to make further submissions or file any evidence in this matter, unless directed by the Commission to do so. On that basis, the TWU is of the view that a conciliation is not required and that the Commission may consider the application on the papers and (if it is minded to) approve the Contract Agreement in chambers, to allow for the expedited commencement of the Contract Agreement. The TWU has conferred with the Applicant's representative who has advised that they consent with the approach sought by the TWU, and their representative is copied into this email." 1. I have determined the application in the manner proposed by Mr Webb. 2. In support of the application, Hi-Trans filed an affidavit of Tony Mellick, the Chief Executive Officer of the company, sworn on 13 October 2022. In his affidavit Mr Mellick deposed: 1. the Agreement, if approved, will replace the current contract agreement between the parties, namely the Hi-Trans Logistics NSW Contract Carrier Agreement 2013; 2. the Agreement will operate "in conjunction with" the Transport Industry – General Carriers Contract Determination 2017 ("Determination"), but will prevail to the extent of any inconsistency, subject to the Agreement conferring on the carriers "a similar or better entitlement". The Agreement confers entitlements on carriers that exceed those in the Determination. The terms of the Agreement, when considered as a whole, will result in a net benefit to the carriers; 3. the Agreement was negotiated between the parties over eight months, during which the views of the carriers as to the terms of the Agreement were sought and considered; 4. the carriers are familiar with the terms of the Agreement; and 5. the Agreement meets all relevant statutory requirements, including the requirements of the Anti-Discrimination Act 1977. 1. The Agreement identifies the parties and the carriers to whom it applies. It provides that it will remain in force until 31 October 2025. The Agreement contains a dispute resolution provision. 2. The application attaches the necessary Statement of Particulars. 3. I am satisfied on the material presented to the Commission that the Agreement complies with all necessary statutory tests and the principles set by the Commission pursuant to s 33 of the Act, in Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005. The Agreement meets the requirements of ss 38, 39 and 42 of the Act. 4. Pursuant to s 325 of the Act, the Hi-Trans Logistics NSW Contract Carrier Agreement 2022 is approved. Damian Sloan Commissioner ********** Amendments 19 December 2022 - Correcting citation on Cover Sheet and Paragraph [7]. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 19 December 2022