Application under section 320 of the Industrial Relations Act 1996 to vary the Transport Industry – Quarried Materials, &c., Carriers Interim Contract Determination [2022] NSWIRComm 1094

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 Interim Contract Determination [2022] NSWIRComm 1094 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, Boral Transport Limited, Extractive Industries NSW Business Chamber Limited, (respondents) Representation: R Rasmussen (TWU) R Kingston (NSWBC, Boral) File Number(s): 2022/253075 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 Interim Contract Determination be varied as set out in Annexure B to written submission filed by Australian Business Lawyers on 28 September 2022. 2. The file in this matter remain open. 3. The respondent named as "Extractive Industries, New South Wales" have liberty to apply to be removed from respondency to the Transport Industry - Quarried Material, &c., Carriers Interim Contract Determination, or to have the variation made by Order 2 hereof itself varied or annulled. 4. Reasons for decision would be published shortly. 1. These are those reasons.