Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination (No. 2), Re [2006] NSWIRComm 328

Industrial Relations Commission of New South Wales

CITATION: Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination (No. 2), Re [2006] NSWIRComm 328

APPLICANT: Transport Workers' Union of New South Wales

MAJOR RESPONDENTS: Aldi Stores (A Limited Partnership) Australian Business Industrial Australian Industry Group PARTIES: Australian Retailers Association of New South Wales Boral Group of Companies Employers First New South Wales Road Transport Association Inc Toll Transport Pty Ltd

INTERVENORS: Minister for Industrial Relations Woolworths Limited

FILE NUMBER(S): IRC 4219 of 2005

CORAM: Wright J President; Walton J Vice-President; Sams DP; Tabbaa C

CATCHWORDS: Applications for a new award and contract determination - health and safety in the long distance road transport industry - evidence of serious occupational health and safety issues affecting the industry and general public - excessive fatigue of truck drivers - use of illegal drugs to combat fatigue - excessive hours of work - falsifying of log books - speeding - link between remuneration systems and safety - most effective means of addressing and minimising health and safety problems - no dispute as to the extent and dimension of such problems - structure of the industry - chain of responsibility - who is responsible for ensuring compliance - major inquiries into long distance truck driving - legislative response - specific occupational health and safety regulation - pending federal initiatives - WorkCover prosecutions - various definitions of long distance trip - jurisdictional challenge - effect of WorkChoices legislation - whether reference to occupational health and safety applies only to legislation and not to industrial instruments - whether subject matter of application relates to occupational health and safety matters - safe driving plans - blue card training - induction training - drug and alcohol policies - Held: unnecessary to decide jurisdictional issue - Union's application relates to occupational health and safety matters - safe driving plans introduced - link between remuneration systems and fatigue issues - desirability of more specific industrial regulation - criticisms exaggerated - definition of long distance trip - review period - Bluecard training generally accepted - no requirement for Union involvement - induction training refused - all employers to have a drug and alcohol policy - need greatest for small to medium sized operators - preferred method of testing - method of testing not restricted - no prohibition on random testing - testing may be non-consensual - consequences of positive testing - six months to implement policy - avenue for disputes to be resolved - diverse nature of industry requires an award and contract determination - new award and contract determination to be made - Union to prepare draft instruments.