Transport Workers' Union of New South Wales (on behalf of Steve Cincotta t/as S & M Cincotta Pty Ltd and others) and Visy Board Pty Ltd [2005] NSWIRComm 178

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales (on behalf of Steve Cincotta t/as S & M Cincotta Pty Ltd and others) and Visy Board Pty Ltd [2005] NSWIRComm 178

APPLICANT: Transport Workers' Union of New South Wales PARTIES: RESPONDENT: Visy Board Pty Ltd

FILE NUMBER(S): 5393, 5394, 5396, 5397, 5398, 5399, 5400 of 2003

CORAM: Sams DP; Macken Dr J; Tinney Mr G

Contract of Carriage Tribunal - contracts of carriage - transport industry - contract agreements - termination of contracts - new tender for transport work - redundancy pay - whether goodwill or premiums paid to enter yard - conduct of company towards payments of goodwill - amounts of goodwill paid - taxation returns of companies - claims for compensation under s346 of the Act - attempts at conciliating claims unsuccessful - arbitration of claims pursuant to s349 of the Act - decision of part time members of the Tribunal - whether termination of contracts unfair, harsh or unconscionable - jurisdiction of tribunal - assessment of compensation pursuant to s349(4) of the Act. CATCHWORDS: Held, premiums paid - established practice - company aware of practice - earlier proceedings in Commission - jurisdiction established - no alteration to 2002 contract determination - termination of contracts unfair, harsh and unconscionable - premiums paid determined by reference to company tax returns - duration of head contract taken into account - termination payments taken into account - compensation ordered - no order as to costs.

LEGISLATION CITED: Industrial Relations Act 1996

Monier PGH (Holdings) Ltd v Horsey and anor (1998) 86 IR 63 CASES CITED: Monier Roofing Pty Ltd v Quintrell (1997) 78 IR 38 Myer Stores Limited v Stowart (1994) 55 IR 21