Transport Workers' Union of New South Wales and Post Logistics Australasia Pty Ltd [2010] NSWIRComm 177

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales and Post Logistics Australasia Pty Ltd [2010] NSWIRComm 177

PARTIES: Transport Workers' Union of New South Wales (Appellant/Cross Respondent) Post Logistics Australasia Pty Ltd (Respondent/Cross Apellant)

FILE NUMBER(S): IRC 561 and 693 of 2010

CORAM: Walton J Vice-President; Grayson DP; Ritchie C

APPEAL - Transport Industry Redundancy Contract Determination - contract carriers - severance pay - reduction of severance pay - Commission's discretion to reduce severance pay where acceptable alternative work is found - severance pay may be reduced or elimininated only when finding of acceptable alternative work - for three drivers no examination of what reduction should occur where acceptable alternative work found - Commissioner reduced severance pay for six drivers without making finding as to whether alternative work was acceptable for purposes of award - fundamental errors of law and principle found - appeal upheld - leave granted - decision of Connor C quashed - matter remitted. CATCHWORDS: CROSS APPEAL - matter remitted - cross appeal issues need not be determined - leave to cross appeal refused.

LEGISLATION CITED: Industrial Relations Act 1996

Busways v Johnson (1994) 55 IR 255 Entertainment Distributors Company Pty Limited v Burnard (1993) 49 IR 446 CASES CITED: House v The King (1936) 55 CLR 499 Notification under s 332 by Transport Workers' Union of New South Wales of a dispute with Toll North Pty Ltd re Contract of Carriage and other matters [2008] NSWIRComm1107 Transport Industry - Redundancy (State) Contract Determination Transport Workers' Union of New South Wales and Post Logistics Australia Pty Limited [2010] NSWIRComm 1030