Notification under section 130 by Transport Workers' Union of New South Wales of a dispute with Patrick Logistics Pty Ltd re negotiations relating to wages and conditions of employment [2007] NSWIRComm 314

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by Transport Workers' Union of New South Wales of a dispute with Patrick Logistics Pty Ltd re negotiations relating to wages and conditions of employment [2007] NSWIRComm 314

PARTIES: Transport Workers' Union of New South Wales Patricks Logistics Pty Ltd

FILE NUMBER(S): IRC 2192 of 2007

CORAM: Harrison DP

CATCHWORDS: Notification of dispute - resolution reached in form of Workplace Agreement - Referral Agreement pursuant to s 146A of NSW IR Act to conduct dispute resolution in accordance with Workplace Agreement

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 17/12/07

DATE OF JUDGMENT: 18 December 2007

EXTEMPORE JUDGMENT DATE: 17 December 2007

APPLICANT Mr M Crosdale LEGAL REPRESENTATIVES:

RESPONDENT Mr M O'Leary

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

18 December 2007

Matter No IRC 2192 of 2007

Notification Under Section 130 By Transport Workers' Union Of New South Wales Of A Dispute With Patrick Logistics Pty Ltd Re Negotiations Relating To Wages And Conditions Of Employment

DECISION

[2007] NSWIRComm 314

1 The notification of dispute in this matter lodged by Transport Workers' Union of New South Wales (TWU) was subject to compulsory conference proceedings on 17 December 2007. 2 Mr M Crosdale appeared on behalf of the TWU. Mr M O'Leary appeared on behalf of Patrick Logistics Pty Ltd ("the Company"). 3 The parties reported that the dispute had been resolved by agreement between them, the terms of agreement found in a Memorandum of Understanding (MOU) (Exhibit 1), incorporating a document titled "Patrick Logistics (Port Services NSW TWU) Union Collective Workplace Agreement 2007" ("the Workplace Agreement") and an agreement pursuant to s 146A of the Act. 4 The Workplace Agreement is a comprehensive document setting out wages and conditions of employment to apply to all persons in the categories covered in Schedule 3, identified as: those who are engaged by the Company at Camellia sites in Container Park, Freight station and in road transport activities. It is also applicable to persons engaged by the Company at Port Botany in Sydney in road transport activities (driving road vehicles.) The Agreement will also apply to any additional or replacement sites operated by the Company and conducting the same business during the life of this Agreement, unless otherwise agreed between the parties. 5 The Workplace Agreement is to be lodged with the Australian Workplace Authority in accordance with s 342 of the Workplace Relations Act. 6 Schedule 1 to the Workplace Agreement deals with the avoidance of dispute procedure and nominates the Industrial Relations Commission of New South Wales as the body to conduct dispute resolution in the form of conciliation, arbitration and appeal processes as may be required. 7 The matter is resolved by agreement of the parties as detailed in exhibit 1 and accordingly concluded. oo0oo