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 Autocare Pty Limited re wages and conditions of employment [2008] NSWIRComm 1043 NOTIFIER PARTIES: Transport Workers' Union of New South Wales RESPONDENT Patrick Autocare Pty Limited FILE NUMBER(S): 596 of 2008 CORAM: Stanton C CATCHWORDS: Notification of dispute - resolution reached in form of Certified Agreement - Referral Agreement pursuant to s146A of Industrial Relations Act 1996 to conduct dispute resolution in accordance with Certified Agreement - conciliation and arbitration. LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996 (Cth) HEARING DATES: 14 May 2008 DATE OF JUDGMENT: 21 May 2008 EXTEMPORE JUDGMENT DATE : 14 May 2008 NOTIFIER Mr W Patterson LEGAL REPRESENTATIVES: RESPONDENT Mr M O'Leary DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : Stanton C 21 May 2008 Matter No IRC 596 of 2008 Notification under section 130 by Transport Workers' Union of New South Wales of a dispute with Patrick Autocare Pty Limited re wages and conditions of employment DECISION [2008] NSWIRComm 1043 1 The notification of dispute in this matter lodged by the Transport Workers' Union of New South Wales ('TWU') was subject to compulsory conference proceedings on 14 May 2008. 2 Mr W Patterson appeared on behalf of the TWU. Mr M O'Leary appeared on behalf of Patrick Autocare Pty Limited ('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 Autocare Transport (NSW) Certified Agreement 2008" ('the Agreement') and "a referral agreement for the purposes of s146A of the Industrial Relations Act 1996". 4 The Agreement is a comprehensive document setting out wages and conditions of employment to apply to all persons who are engaged by the Company at the following sites: 1) 43-49 Stennett Road, Ingleburn, NSW, 2565; 2) Glebe Island Motor Vehicle Terminal, Roberts Road, Rozelle, NSW, 2039; and 3) Yampi Way, Port Kembla 5 The Agreement is to be lodged with the Australian Workplace Authority in accordance with s342 of the Workplace Relations Act. 6 Schedule 1 to the Agreement deals with avoidance of dispute procedures and nominations to 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 is now concluded. J D Stanton Commissioner 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.