TWU v P & O TRANS AUSTRALIA PTY LTD [2002] NSWIRComm 19

Industrial Relations Commission of New South Wales

CITATION : TWU v P & O TRANS AUSTRALIA PTY LTD [2002] NSWIRComm 19 NOTIFIER TRANSPORT WORKERS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH. PARTIES :

RESPONDENT P & O TRANS AUSTRALIA PTY LTD FILE NUMBER: 551 of 2002 CORAM: Peterson J CATCHWORDS : Dispute proceedings - contract carriers - s332 - interim determination sought under s.332(5) - restructure of original business - substantial reduction of work - safety net proposal - public interest - unequal bargaining positions - interim determination made LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : TWU v Conaust (1992) 46 IR 18 HEARING DATES: 02/04/2002; 02/11/2002; 02/13/2002 DATE OF JUDGMENT: 02/19/2002

NOTIFIER Mr W Irvine

UNION Transport Workers' Union of Australia New South Wales Branch, SYDNEY LEGAL REPRESENTATIVES: RESPONENT Mr G Fredericks

SOLICITORS Freehills SYDNEY

JUDGMENT: - 9 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: PETERSON J

DATE: 19 FEBRUARY 2002

Matter No IRC 551 of 2002

NOTIFICATION UNDER SECTION 332 BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH OF A DISPUTE WITH P & O TRANS AUSTRALIA RE DECLINE IN LEVELS OF ENGAGEMENT DECISION

1 This matter arises from a notification of a dispute pursuant to s.332 Industrial Relations Act 1996 ("Act"). The Transport Workers' Union of Australia, New South Wales Branch, the notifier, represents 14 lorry owner-drivers who have contracted for varying periods of time, some for many years, to cart containers on behalf of the respondent, P & O Trans Australia. It is accepted for the purposes of the proceedings that they are contract carriers within the meaning of the Act.