Transport Workers’ Union of New South Wales v Transport Fleet Services (NSW) Pty Ltd t/as Kings [2024] NSWIRComm 1069

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales v Transport Fleet Services (NSW) Pty Ltd t/as Kings [2024] NSWIRComm 1069 Hearing dates: 7 May 2024 and 25 June 2024, final written submissions 20 August 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Application dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Contracts of Carriage – application for contract determination – rates sought above those in the General Carriers Contract Determination – insufficient material to determine rates are fair and reasonable – application dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Construction, Forestry, Maritime, Mining, and Energy Union v Australian Building and Construction Commissioner [2022] FCAFC 192; (2020) 282 FCR 1 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Transport Industry – General Carriers Contract Determination [2016] NSWIRComm 3 Transport Industry General Carriers Contract Determination 2017 [2017] NSWIRComm 1013 Transport Workers' Union of New South Wales v. Paperlinx Australia Pty Ltd [2013] NSWIRComm 1032 Transport Workers' Union of New South Wales and DP World [2013] NSWIRComm 58 UBS AG v Tyne (2018) 265 CLR 77 Texts Cited: NIL Category: Principal judgment Parties: Transport Worker's Union of New South Wales (Applicant) Transport Fleet Services NSW Pty Ltd t/as Kings (Respondent) Representation: Counsel: