NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination, Re [2006] NSWIRComm 30
APPLICANTS ON NOTICE OF MOTION New South Wales Road Transport Association Inc Australian Business Industrial Employers First Australian Retailers Association of New South Wales Boral Group of Companies PARTIES: Aldi Stores (A Limited Partnership) Toll Pty Ltd
RESPONDENT TO NOTICE OF MOTION Transport Workers' Union of New South Wales
INTERVENER Minister for Industrial Relations
FILE NUMBER(S): IRC4219 of 2005
CORAM: Wright J President; Walton J Vice-President; Sams DP; Tabbaa C
CATCHWORDS: Award - Contracts of carriage - Transport industry - Safety Issues - Applications by TWU for award and contract determination concerning safety in the transport industry - Interlocutory application challenging jurisdiction to hear application - Challenge concentrating on jurisdiction to make contract determination - Whether discretion should be exercised to determine challenge at preliminary stage - Motion dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 s313
Chan v Cresdon Pty Ltd (1989) 168 CLR 242 Electrical Contractors Association of New South Wales v Electrical Trades Union of Australia, New South Wales Branch (2003) 130 IR 284 Federal Commissioner of Taxation v Sara Lee Household and Body Care (2000) 201 CLR 520 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Lend Lease Hotel Intercontinental (Stage 1) Project Award [2003] NSWIRComm 314 CASES CITED: Nagle v Tilbury (1993) 51 IR 8 R v Moore Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 R v Industrial Commission of South Australia Ex parte Master Builders Association of South Australia Incorpiorated (1981) 26 SASR 535 Solomons v District Court, 30 May 2002 76 ALJR 1601 Virtue v Department of Education and Training (1999) 92 IR 428
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