Interim Transport Industry - Courier and Taxi Truck Contract Determination [2009] NSWIRComm 73

Industrial Relations Commission of New South Wales

CITATION: Interim Transport Industry - Courier and Taxi Truck Contract Determination [2009] NSWIRComm 73

APPLICANT Courier and Taxi Truck Association

FIRST RESPONDENT Australian Business Industrial SECOND RESPONDENT Australian Federation of Employers THIRD RESPONDENT PARTIES: CLC Deliveries Pty Limited ATF Hunter Transport Trust t/as Hunter Express FOURTH RESPONDENT Crisis Couriers FIFTH RESPONDENT Mail Call Couriers SIXTH RESPONDENT New South Wales Road Transport Association Inc in liquidation SEVENTH RESPONDENT Transport Workers' Union of New South Wales

FILE NUMBER(S): IRC 3303 of 2005

CORAM: Marks J

CATCHWORDS: Application to vary Contract Determination - Contract Determination regulates conditions and remuneration - amended application seeking the making of a comprehensive new Contract Determination - amended application withdrawn - amended application confined to calculation of daily safety net hours - application made to strike out amended application - application rejected - negotiations broken down - characterisation of industrial dispute - application for disqualification - held s 173 does not apply to these proceedings - s173 if applied depends on the characterisation of the subject matter of the dispute - at all relevant times what was in dispute was the way in which the safety net clause should operate - application under s173 is dismissed.