Transport Workers' Union of New South Wales v. First Fleet Pty Limited [2006] NSWIRComm 1173

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales v. First Fleet Pty Limited [2006] NSWIRComm 1173

APPLICANT Transport Workers' Union of New South Wales PARTIES: RESPONDENT First Fleet Pty Limited

FILE NUMBER(S): IRC 2239 and 2241 of 2006

CORAM: Connor C

CATCHWORDS: contract drivers - the distribution of magazines to newsagents - industrial dispute - contract agreement made

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 07/12/2006

DATE OF JUDGMENT: 12/07/2006

EXTEMPORE JUDGMENT DATE : 12/07/2006

APPLICANT Greg Selig Transport Workers' Union of New South Wales LEGAL REPRESENTATIVES:

RESPONDENT Evan Wissell First Fleet Pty Limited

DECISION:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Thursday, 7 December, 2006

Matter Nos IRC 2239 and 2241 of 2006

Transport Workers' Union of New South Wales and First Fleet Pty Limited

Notification under S.332 of the Industrial Relations Act, 1996 by First Fleet Pty Limited re work stoppage

Notification under S.332 of the Industrial Relations Act, 1996 by the Transport Workers' Union of New South Wales re reduction in the rates of remuneration for contract drivers

DECISION

[2006] NSWIRComm 1173

1 Pursuant to the provisions of S.130 of the 1996 Industrial Relations Act, First Fleet Pty Limited, trading as Zip Express Couriers, lodged a notification of an industrial dispute with the Transport Workers' Union of New South Wales. Contract drivers engaged by First Fleet in the distribution of a range of magazines to newsagents and supermarkets had imposed a ban on that work. Because the dispute concerns contract drivers under the terms of the Transport Industry - General Carriers Contract Determination, the matter falls under Part 4, Dispute Resolution, of Chapter 6, Public Vehicles and Carriers, of the 1996 Industrial Relations Act [S.332] and not S.130. I have corrected the file accordingly. The TWU has also lodged a notification of dispute under S.332 concerning this matter and it was also allocated to me.