Transport Workers Union of New South Wales v Grays Logistics Pty Ltd [2009] NSWIRComm 1029

Industrial Relations Commission of New South Wales

CITATION: Transport Workers Union of New South Wales v Grays Logistics Pty Ltd [2009] NSWIRComm 1029

APPLICANT Transport Workers Union of New South Wales PARTIES: RESPONDENT Grays Logistics Pty Ltd

FILE NUMBER(S): 320 of 2009

CORAM: Macdonald C

CATCHWORDS: Notification pursuant to s332 and s380 by Union - dispute pursuant to s332 re alleged underpayments by principal contractor to a certain contract carrier engaged by the principal contractor - Union also filed s380 underpayment claim for the contract carrier - two compulsory conferences convened but principal contractor did not attend compulsory conferences - Hearing set down for underpayment claim - No appearance by principal contractor at Hearing - ex parte Hearing - consideration of natural justice concerning ex parte proceedings - particulars concerning Union's claim set out in claim and Hearing - Orders made in favour of Union's underpayment claim.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: BWIU (NSW Branch) v A Dimascio t/a Dima Homes Pty Ltd (1989) AILR Vol. 31, No 4.

HEARING DATES: 17/07/09

DATE OF JUDGMENT: 21 July 2009

APPLICANT Mr G Selig Transport Workers Union LEGAL REPRESENTATIVES:

RESPONDENT No appearance

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

21 July 2009.

Matter No IRC 320 of 2009

Notification under section 332 and section 380 by Transport Workers' Union of New South Wales of a dispute with Grays Logistics Pty Ltd re: alleged underpayments to contract carrier