Industrial Relations Commission of New South Wales CITATION: Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination - Directions and Orders of the Full Bench, Re [2005] NSWIRComm 396 APPLICANT: Transport Workers' Union of New South Wales RESPONDENTS: New South Wales Road Transport Association Inc Australian Business Industrial Employers First Boral Group of Companies TNT Australia Pty Limited Coles Myer Limited Toll Transport Pty Ltd PARTIES: Civil Contractors Federation Australian Industry Group, New South Wales Branch Roads and Traffic Authority of NSW Woolworths Limited IGA Distribution Pty Limited Australian Retailers Association, New South Wales Division Patrick Group of Companies Recruitment and Contracting Services Association McCarthy Ausgroup Pty Limited FILE NUMBER(S): IRC 4219 of 2005 CORAM: Wright J President; Walton J Vice-President; Tabbaa C Award - Contracts of Carriage - Application by the TWU for a new award and Contract Determination - Directions made by the Full Bench. CATCHWORDS: HEARING DATES: 10/27/2005 EXTEMPORE JUDGMENT DATE: 10/27/2005 APPLICANT: Mr A A Hatcher of counsel RESPONDENTS: Mr S Brown, Solicitor New South Wales Road Transport Association Inc Mr J Donnelly Australian Business Industrial Ms J Swift Employers First and Boral Group of Companies Mr R McKenzie TNT Australia Pty Limited Mr Y Shariff, Solicitor Coles Myer Limited Mr M Baroni, Solicitor Toll Transport Pty Ltd LEGAL REPRESENTATIVES: Mr J Higgins Civil Contractors Federation Ms V Paul Australian Industry Group, New South Wales Branch Ms A Davis, Solicitor Roads and Traffic Authority of NSW Mr M Davis, Solicitor Woolworths Limited and IGA Distribution Pty Limited Ms J Owen Australian Retailers Association, New South Wales Division Mr J Longland, Solicitor Patrick Group of Companies Mr D Fletcher, Solicitor Recruitment and Contracting Services Association Mr J Moses McCarthy Ausgroup Pty Limited representing Hanson Constructions, Readymix, Collex, Metromix and Hy-Tech JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: Wright J, President Walton J, Vice-President Tabbaa C Thursday 27 October 2005 Matter No IRC 4219 of 2005 TRANSPORT INDUSTRY - MUTUAL RESPONSIBILITY FOR ROAD SAFETY (STATE) AWARD AND CONTRACT DETERMINATION Application by the Transport Workers' Union of New South Wales for a new award and Contract Determination DIRECTIONS AND ORDERS OF THE FULL BENCH [2005] NSWIRComm 396 (Revised from transcript) 1 We have carefully considered the submissions put by the parties in relation to the programming, etc of this matter and have decided to make the following directions and orders: (1) We note the intention of the TWU to file and serve its amended application within seven days of today and leave is granted for it to do so. We also note that the TWU is likely to provide the amended application to the parties much sooner than that. (2) We also note that, subject to liberty to apply being granted, and we grant liberty to apply, the TWU will file its evidence in the first two categories it has mentioned: that is, firstly, that of employees and lorry owner drivers and, secondly, the evidence of TWU officials by 4 November 2005, and in the third category (the expert evidence) by 11 November 2005. (3) As to the foreshadowed jurisdictional issues, we make the following directions: (a) All objections to jurisdiction, notice of contentions, notice of motions and the like are to be filed and served no later than 4pm on 11 November 2005; (b) Every party raising objection to jurisdiction, either here or elsewhere, shall by 4pm on 18 November 2005 file their submissions in support of such objections; (c) The TWU shall file and serve its submissions in response to the notices of objection etc, and the submissions in relation thereto, by 4pm on 25 November 2005. (4) 1 and 2 December 2005 are confirmed for the hearing of the notices of objection to jurisdiction and the like. It should be clear that the Commission will hear any applications for stay but may also hear the substantive objections to jurisdiction on that day so that all the submissions and the like should address all relevant issues, including both those issues. (5) We direct the respondents to the application to file and serve their evidence in relation to the application by 4pm on 31 January 2006. (6) The TWU evidence in reply to that of the respondents shall be filed and served no later than 4pm on 14 February 2006. (7) We draw the attention of all parties to the relevant Practice Direction which requires hard copy material to be accompanied by electronic versions of the material either by means of disk, email or the like. The relevant Practice Direction is available on the Commission's web site. (8) We confirm the hearing dates for the matter, being for the jurisdictional issues on 1 and 2 December 2005, and otherwise on 21, 22, 23, 24 February 2006 and 7, 8 and 9 March 2006. 2 The matter is adjourned accordingly to 10am on 1 December 2005. __________________________ 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.