Transport Workers' Union of New South Wales v. Sita Environmental Solutions [2004] NSWIRComm 1108

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales v. Sita Environmental Solutions [2004] NSWIRComm 1108 APPLICANT Transport Workers' Union of New South Wales PARTIES: RESPONDENT Sita Environmental Solutions FILE NUMBER: IRC 1261 of 2004 CORAM: Connor C CATCHWORDS: costs - frivolous and vexatious claim - claims and counter-claims - delay in proceedings - small claims jurisdiction - what constitutes an "industrial court" - commencement of proceedings - settlement of disputes LEGISLATION CITED: Industrial Relations Act 1996 Latoudis v. Casey (1990) 170 CLR 534 CASES CITED: S and L Steel Dispute Case (unreported) Mavloudi v. Premier Cabs Pty Limited (unreported) Dryer v. Insurance Resources (Brokers) Pty Limited (unreported) HEARING DATES: 11/05/2004 DECISION DATE: 12/17/2004 APPLICANT Andrew Metcalfe

REPRESENTATIVES: RESPONDENT Megan Wood

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 17 December, 2004

Matter No IRC 1261 of 2004

Transport Workers' Union of New South Wales and Sita Environmental Solutions

Dispute notification under S.332 of the Industrial Relations Act, 1996

DECISION

[2004] NSWIRComm 1108

Background

1 This matter has an extraordinarily complex history which, in my opinion, is out of all proportion to the issue left before me and, in my view, it has been kept alive unnecessarily. It commenced with a notification lodged pursuant to the provisions of Part 4, Dispute Resolution, of Chapter 6, Public Vehicles and Carriers, of the 1996 Industrial Relations Act [S.332] by the Transport Workers' Union of New South Wales. The TWU alleged that Sita Environmental Solutions had failed to pay its contract carriers the correct rates. The contract drivers were engaged by Sita under contracts which the TWU claimed provided for adjustments to reflect movements in the Consumer Price Index. The TWU also asserted that for the period of three months during 2003 they did not receive their correct rates.