Application under section 320 of the Industrial Relations Act 1996 to vary the Transport Industry – Quarried Materials, &c., Carriers Contract Determination [2022] NSWIRComm 1093

Industrial Relations Commission New South Wales Medium Neutral Citation: Application under section 320 of the Industrial Relations Act 1996 to vary the Transport Industry – Quarried Materials, &c., Carriers Contract Determination [2022] NSWIRComm 1093 Hearing dates: 28 September 2022 Date of orders: 28 September 2022 Decision date: 28 October 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: Determination varied Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Contracts of Carriage – application for variation to contract determination – consent position – variations ordered Legislation Cited: Industrial Relations Act 1996, s 320 Cases Cited: Application for Variations to Transport Industry General Carriers Contract Determination 2017 [2022] NSWIRComm 1029 Applications to Vary the Transport Industry - General Carriers Contract Determination 2017 [2022] NSWIRComm 1003 Transport Industry Courier and Taxi Truck Contract Determination 2017 [2017] NSWIRComm 1013 Category: Principal judgment Parties: Transport Workers' Union of NSW (applicant)

Australian Federation of Employers and Industries, Australian Road Transport Industrial Organisation, Boral Transport Limited, Holcim (Australia) Pty Ltd, NSW business Chamber Limited, Hanson Construction Materials, Master Builders' Association of NSW, Australian Industry Group NSW Branch (respondents) Representation: R Rasmussen (TWU) R Kingston (NSWBC, Boral, Holcim) File Number(s): 2022/142250 Publication restriction: Nil

decision 1. This matter was determined on 28 September 2022, at which time the Commission made the following orders: 1. The Transport Industry - Quarried Material, &C., Carriers Contract Determination 1991 be varied as set out in Annexure A to written submission filed by Australian Business Lawyers on 28 September 2022. 2. The file in this matter remain open. 3. Reasons for decision would be published shortly. 1. Those reasons are set out in this decision.