Transport Workers' Union of Australia, New South Wales Branch v Linfox Australia Ltd [2002] NSWIRComm 195

Industrial Relations Commission of New South Wales in Court Session

CITATION : Transport Workers' Union of Australia, New South Wales Branch v Linfox Australia Ltd [2002] NSWIRComm 195 APPLICANT Transport Workers' Union of Australia, New South Wales Branch PARTIES : RESPONDENT Linfox Australia Ltd FILE NUMBER: IRC 2309 of 2002 CORAM: Marks J CATCHWORDS : Section 106 proceedings - Particulars requested by respondent to prepare Reply - Evidence that respondent's executive aware of factual background to proceedings - Held respondent not entitled to particulars. LEGISLATION CITED : Industrial Relations Act 1996 s 106 Bitekiteku & Ors v P & N D & Ors (2002) NSWIRComm 83 CASES CITED : Deemah Marble & Granite Pty Ltd v Sutherland (2001) NSWIRComm 829 Fish & Anor v Solutions 6 Holdings Ltd & Ors (2002) NSWIRComm 93 HEARING DATES: 07/29/2002 DATE OF JUDGMENT: 08/19/2002

APPLICANT Mr A A Hatcher of Counsel

LEGAL REPRESENTATIVES: RESPONDENT SOLICITORS Clayton Utz

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Monday 19 August 2002 Matter No. IRC 2309 of 2002 TRANSPORT WORKERS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH v LINFOX AUSTRALIA LTD Application under s 106 of the Industrial Relations Act 1996

INTERLOCUTORY JUDGMENT ON PARTICULARS (NSWIRComm 195)

1 By summons the applicant Transport Workers Union of Australia New South Wales Branch seeks certain relief against the respondent Linfox Australia Ltd under s 106 of the Industrial Relations Act 1996 ("the Act"). The summons seeks orders that certain contracts between members of the applicant and the respondent are unfair within s 106 and that the contracts be varied. In essence, the subject matter of the proceedings concerns a dispute between the respondent and independent contractors about the payment of waiting time at the Kent Brewery operated by Carlton and United Breweries Ltd ("CUB").