Transport Workers' Union of New South Wales (on behalf on S & L Bozinovski Pty Ltd and MJW Transport Pty Ltd) and Glen Cameron Nominees Pty Ltd [2007] NSWIRComm 286

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales (on behalf on S & L Bozinovski Pty Ltd and MJW Transport Pty Ltd) and Glen Cameron Nominees Pty Ltd [2007] NSWIRComm 286

APPLICANT Transport Workers' Union of New South Wales PARTIES: RESPONDENT Glen Cameron Nominees Pty Ltd

FILE NUMBER(S): IRC64; IRC65 of 2007

CORAM: Sams DP; Macken Dr J; Tinney Mr G

Applications to Contract of Carriage Tribunal - contracts of carriage in the road transport industry - five year contract for delivering of paper - contract not renewed - contract drivers entered into contracts during term of major contract - payment of goodwill to enter the yard - assignment of existing contracts - requirement to sign acknowledgement that goodwill not required to be paid - whether respondent was aware of goodwill payment - terms of contract prevented any compensation for loss of contract - custom and practice of paying goodwill in the yard - hearsay evidence - whether respondent took steps to advise that goodwill was not a requirement to enter the yard - whether respondent offered alternative work to displaced carriers - no offer of alternative work taken up - preliminary jurisdictional issues - whether there was a head contract of carriage - whether the drivers were carriers - whether the respondent a principal contractor - jurisdiction under s 346 of the Act - whether termination of contracts unfair, harsh or unconscionable - whether compensation should be paid by principal contractor. CATCHWORDS: Held; decision of part time members of the Tribunal - unnecessary to determine preliminary jurisdictional issues - premiums or goodwill paid to enter yard - respondent was aware of practice of goodwill being paid - custom and practice established - applicants signed acknowledgement that the respondent did not require goodwill to be paid and that goodwill was not a custom and practice - both applicants were aware of and understood terms of acknowledgement - assigned contracts contained provision for no compensation - both applicants were aware of and understood contract terms - major contract for five years until October 2006 - contracts not renewed - offers of alternative work should have been investigated - jurisdictional hurdle in s 346(1)(e) not overcome - terminations of contracts not harsh, unfair or unconscionable - applications for compensation dismissed.