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 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.