Transport Workers' Union of Australia, New South Wales Branch and Toll Transport Pty Ltd trading as Toll Liquid Distribution [2006] NSWIRComm 123

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of Australia, New South Wales Branch and Toll Transport Pty Ltd trading as Toll Liquid Distribution [2006] NSWIRComm 123

NOTIFIER PARTIES: Transport Workers' Union of Australia, New South Wales Branch RESPONDENT Toll Transport Pty Ltd t/as Toll Liquid Distribution

FILE NUMBER(S): IRC901 of 2006

CORAM: Sams DP

Industrial dispute - conciliation unsuccessful - arbitration of claim - disciplinary action against employee includes transfer to new work location - agreement of parties - whether employee entitled to travelling allowances -award interpretation - principles of award interpretation. CATCHWORDS: Held, transfer not for operational or business reasons, not a requirement of the employer - employee nominated preferred work location - agreement must be honoured - respondent entitled to act on agreed arrangement - absurd result if disciplinary action contemplates payment of travelling allowance - language of award clause unambiguous - too strict literal interpretation to be avoided - drafters of award provision would not intend provision to apply in these circumstances - clear purpose of subclause to compensate employees for inconvenience and expenses for being required to transfer work location - claim refused - dispute proceedings concluded.

Industrial Relations Act 1996 LEGISLATION CITED: AWARD Transport Industry - Petroleum Distribution &c. (State) Award 327 IG 62

Carpenters and Joiners and Bricklayers Construction (State) Award and Other Awards, 51 AR 713 CASES CITED: Barrier Industrial Council and Broken Hill Chamber of Commerce Inc [2005] NSWIRComm 249 Broken Hill Chamber of Commerce Inc v Barrier Industrial Council [2005] NSWIRComm 401 Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 252