NSW Road Transport Association Inc and Transport Workers' Union of NSW [2006] NSWIRComm 65

Industrial Relations Commission of New South Wales

CITATION: NSW Road Transport Association Inc and Transport Workers' Union of NSW [2006] NSWIRComm 65

Applicant: PARTIES: NSW Road Transport Association Inc Respondent: Transport Workers' Union of NSW

FILE NUMBER(S): IRC149 of 2006

CORAM: Kavanagh J

CATCHWORDS: Application for stay - relevant principles – arguable case - stay granted but on terms – agreed rate increase entitlement reflected in terms of stay

LEGISLATION CITED: Industrial Relations Act 1996 s179

CASES CITED: Transport Industry - Waste Collection and Recycling (State) Award (2000) 102 IR 192

HEARING DATES: 16/02/2006 EXTEMPORE JUDGMENT DATE: 02/16/2006

Applicant: Mr J.V Murphy of counsel with Mr S.Schmitke, NSW Road Transport Association LEGAL REPRESENTATIVES: Respondent: Mr A.A. Hatcher of counsel with Mr C. Heuston, Transport Workers Union of NSW

JUDGMENT:

- 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Kavanagh J

16 February 2006

Matter No IRC 149 of 2006

NSW ROAD TRANSPORT ASSOCIATION INC AND TRANSPORT WORKERS' UNION OF NSW

Application by NSW Road Transport Association Inc for leave to appeal and appeal an extempore decision of Justice Marks given on 23.12.05 in Matter No IRC 6113 of 2005

EX TEMPORE JUDGMENT

[2006] NSWIRComm 65

1 The applicant, the NSW Road Transport Association Inc, seeks leave to appeal and subject to leave being granted, appeal a decision of Marks J given on 23 December 2005. The matter is before me for hearing of an Application for a Stay of the Orders of Marks J. 2 Marks J increased the rates of remuneration payable to contract carriers under the Transport Industry - Car Carriers (New South Wales) Contract Determination by 6.06 per cent. 3 I have read the decision of Marks J. It appears from a reading of the decision and from facts revealed in submissions that there was an agreement between the parties that the carriers were entitled to a rate increase in the circumstances of 1.58 per cent. 4 I thank both parties for their written submissions. These assisted me in determining the facts which were the foundation for his Honour's decision. 5 Wright J, President in the Transport Industry - Waste Collection and Recycling (State) Award (2000) 102 IR 192 outlined the considerations the Commission should take into account in exercising its discretion for a stay of a judgment of the Commission. 6 I accept those considerations as conveniently outlined by the respondent to the appeal as follows: (1) The mere filing of an appeal will not of itself provide a reason or demonstrate an appropriate case nor will it discharge the onus which the applicant bears.