Industrial Relations Commission New South Wales Medium Neutral Citation: Global Express Contract Carriers Agreement 2022 [2022] NSWIRComm 1114 Hearing dates: Determined on the papers Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Pursuant to s 325 of the Act, the Global Express Contract Carriers 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: IPEC Pty Limited (Applicant) Transport Workers' Union of Australia, New South Wales (Respondent) Representation: D Langridge, IPEC Pty Ltd (Applicant) I Wisniewska, TWU (Respondent) File Number(s): 2022/00369043 Publication restriction: No DECISION 1. IPEC Pty Ltd ("Global Express") 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 Global Express, the Transport Workers' Union of Australia, New South Wales ("TWU") and contract carriers engaged by Global Express. The agreement is to be known as the "Global Express Contract Carriers Agreement 2022" ("Agreement"). 2. On 14 December 2022 the Commission received an email from Isabella Wisniewska, a Legal Officer of the TWU, which included the following: "I write with regards to matter 2022/00369043 Global Express Contract Carriers Agreement 2022, listed for teleconference at 9:00am tomorrow. Please be advised that the Transport Workers' Union of NSW (the TWU) consents to the making of the Contract Agreement as filed by IPEC Pty Ltd (IPEC). The TWU does not intend to file any supplementary material and seeks to rely on the documents filed by IPEC in the making of the Contract Agreement. In circumstances where both the TWU and IPEC consent to the Application being made, is it possible to confirm whether Commissioner Sloan is able to make orders in Chambers for this matter. Where this is possible, the TWU respectfully requests that the teleconference listed for tomorrow is vacated. Please note that the representatives of IPEC are copied into this correspondence." (Emphasis in original) 1. On the same day I arranged for the Industrial Registry to write to Global Express, indicating that I would proceed as suggested by Ms Wisniewska unless an objection was received. In an email response received by the Commission later that afternoon, Stephanie Evans, an Advisor – Industrial & Employee Relations for Global Express, stated that "the Applicant does not oppose the course proposed by the TWU and consents for the Agreement to be registered in Chambers". 2. Accordingly, I have determined the application for approval of the Agreement "on the papers". 3. In support of its application, Global Express filed an affidavit of Dean Langridge, the General Manager, Industrial and Employee Relations and Employment Counsel for Global Express, sworn on 6 December 2022. In his affidavit Mr Langridge deposed that: 1. management of Global Express, the TWU and contract carriers engaged by Global Express were involved in the process of negotiating the Agreement; 2. the Agreement was discussed and endorsed by the contract carriers engaged by Global Express prior to being signed by the parties to the Agreement; 3. the Agreement will, if approved, prevail over the provisions of the Transport Industry – General Carriers Contract Determination 2017 ("Contract Determination"), in so far as the provisions of the Contract Determination apply to the contract carriers bound by the Agreement; 4. the terms and conditions contained in the Agreement are in addition to those provided for in the Contract Determination; 5. the rates provided for in the Agreement are higher than those provided for in the Contract Determination; 6. the Agreement provides a safety net of no less than 10% above the relevant wage rate that the contract carrier would receive as an employee engaged under the Road Transport and Distribution Award 2020 (an award of the Fair Work Commission) for the applicable classification; 7. the Agreement complies with relevant statutory requirements, including the Anti-Discrimination Act 1977; 8. the parties did not enter into the Agreement under duress and signed of their own will after negotiation of the Agreement; 9. the parties understand the contents and effect of the agreement; and 10. the agreement complies with the principles set by the Commission under s 33 of the Act. 1. The Agreement identifies in cl 4 the parties and the carriers to whom it applies. Clause 5 provides that the Agreement will "commence operation on the Operative Date" (defined in cl 3 as 1 July 2022) and expire on 30 June 2023. The Agreement contains in cl 11 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 Global Express Contract Carriers Agreement 2022 is approved. Damian Sloan Commissioner ********** Amendments 19 December 2022 - Correcting citation on Cover Sheet and Paragraph [8]. 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