Transport Workers’ Union of New South Wales v N.S.W. Couriers Pty Ltd t/as Aramex (Sydney) [2024] NSWIRComm 1044

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales v N.S.W. Couriers Pty Ltd t/as Aramex (Sydney) [2024] NSWIRComm 1044 Hearing dates: 15 and 16 May 2024, last submissions received 3 June 2024 Date of orders: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Determination to make a contract determination to preclude the principal contractor from deducting from the remuneration of a contract carrier amounts in respect of the costs of scanners, freight forwarding and the engagement of outside hire Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Contracts of Carriage – applications for contract determination to prevent certain deductions being made to remuneration of contract carriers – whether contract determination already applies – whether deductions consistent with the existing scheme of industrial regulation – whether deductions otherwise fair and reasonable Legislation Cited: Industrial Relations Act 1996 ss 3, 10, 17, 118, 119, 146, Ch 6 ss 309, 310, 313, 315 Industrial Relations (General) Regulation 2020 cl 34 Cases Cited: Applications to vary the Transport Industry – General Carriers Contract Determination 2017 and Transport Industry – Courier and Taxi Truck Contract Determination [2022] NSWIRComm 1003 City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Transport Industry – General Carriers Contract Determination [2016] NSWIRComm 3 Transport Industry – General Carriers Contract Determination 2017 [2017] NSWIRComm 1013 Transport Industry – General Carriers Contract Determination Application by Australian Road Transport Industrial Organisation, New South Wales Branch for removal of Special Fuel Price Surcharge [2010] NSWIRComm 133 Transport Workers' Union of New South Wales v NSW Couriers Pty Ltd t/a Aramex (Sydney) (2023) 323 IR 1; [2023] NSWIRComm 1013 Texts Cited: None Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Applicant) N.S.W. Couriers Pty Ltd t/as Aramex (Sydney) Representation: Counsel: P Boncardo (Applicant) A Guy (Respondent) Solicitors: Piper Alderman (Respondent) File Number(s): 2023/00421231 Publication restriction: No