NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: K-Dan Pty Limited v. Downer EDI Works Pty Limited [2009] NSWIRComm 1061
APPLICANT Transport Workers' Union of New South Wales PARTIES: RESPONDENT Downer EDI Works Pty Limited
FILE NUMBER(S): IRC 1455 of 2008
CORAM: Connor C
CATCHWORDS: termination of contract of carriage - transporting bitumen products by road - collision - damage to vehicle - fault found for collision - contract of carriage reinstated - application for remuneration for loss of contract made - supplementary decision on remuneration - remuneration ordered
LEGISLATION CITED: Industrial Relations Act 1996
Cherry v. Allied Express Transport (1997) 73 IR 305 Corbeski v. BlueScope Steel (AIS) Pty Limited [2006] NSWIRComm 1170 D and R Commercial Pty Limited v. Flood (2002) 113 IR 344 CASES CITED: Gaddes v. Mills Transport - unreported Henderson v. Rural Lands Protection Board (1997) 74 IR 142 Mifsud v. Department of Education and Training [2001] NSWIRComm 1047 Todd v. Mainfreight Distribution Pty Limited - unreported Transport Industry (General Carriers) Contract Determination Case (1993) 46 IR 154
HEARING DATES: 01/09/2009
DATE OF JUDGMENT: 1 October 2009
APPLICANT Oshie Fagir Transport Workers' Union of New South Wales LEGAL REPRESENTATIVES:
RESPONDENT Alistair Salmon Fisher Cartright Berriman Pty Limited
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