Holcim (Australia) Pty Limited v. Transport Workers' Union of New South Wales [2010] NSWIRComm 1068

Industrial Relations Commission of New South Wales

CITATION: Holcim (Australia) Pty Limited v. Transport Workers' Union of New South Wales [2010] NSWIRComm 1068

APPLICANT Holcim (Australia) Pty Limited PARTIES: RESPONDENT Transport Workers' Union of New South Wales

FILE NUMBER(S): IRC 1863 of 2007

CORAM: Connor C

CATCHWORDS: industrial dispute - transport industry - contract drivers - supply of ready mix concrete in agitator vehicles - drug and alcohol testing - workplace and road occupational health and safety - contest between urine samples and oral testing for drugs - expert evidence - desirability of proper accreditation for testing - urine testing preferred - application for variation to contract determinations rejected at this time - direction for further discussions

Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000 Passenger Transport Act 1990 Rail Safety Act 2008

BHP Iron Ore Pty Limited v. Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia (1998) 82 IR 162 Caltex Australia Limited v. Australian Institute of Marine and Power Engineers [2009] FWA 424 Refinery Operators Shell Refining (Australia) Pty Limited Award Case [2008] AIRC 510 CASES CITED: Ruddell v. Camberwell Coal Pty Limited [2010] FWA 8436 Shell Refining (Australia) Pty Limited v. Construction, Forestry, Mining and Energy Union [2009] AIRCFB 428 Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination (No.2) Case (2006) 158 IR 17 WorkCover Authority of New South Wales v. Hitchcock (2004) 135 IR 377