Industrial Relations Commission of New South Wales CITATION: TNT Logistics (Australia) Pty Ltd (NSW Local Fleet) Contract Determination [2008] NSWIRComm 1036 APPLICANT Australian Industry Group PARTIES: RESPONDENT Transport Workers Union of New South Wales FILE NUMBER(S): 576 of 2008 CORAM: Macdonald C CATCHWORDS: Application for a new Contract Determination - ss 311 and 320 of the Act - related proceedings in IRC 08/234 - Special Circumstances - consent of the parties - Contract Determination made. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 06/05/08 DATE OF JUDGMENT: 6 May 2008 Australian Industry Group Mr S Schmitke Transport Workers Union Mr G Selig DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 6 May 2008 Matter No IRC 576 of 2008 TNT Logistics (Australia) Pty Ltd (NSW Local Fleet) Contract Determination Application by Australian Industry Group for a new Contract Determination DECISION [2008] NSWIRComm 1036 1 This is an Application, pursuant to sections 311 and 320 of the Industrial Relations Act 1996 ("the Act"), by Australian Industry Group for a new Contract Determination to be known as the TNT Logistics (Australia) Pty Ltd (NSW Local Fleet) Contract Determination ("the Application"). 2 The other party to the Application is the Transport Workers Union of Australia, New South Wales Branch ("the Union"). 3 The Application was filed on 5 May 2008 and was programmed for a Consent Hearing on 6 May 2008. On the latter date, Australian Industry Group was represented by Mr S Schmitke. The Union was represented by Mr G Selig. 4 The Application arises out of other related proceedings before myself: IRC 08/234, being a dispute notification by the same principal contractor in this Application. 5 Mr Schmitke spoke to the Application which addressed the dispute between the parties in IRC 08/234: see Clause 10. Vehicle Sale Procedure. A change in the name of the principal contractor was also advised. 6 Mr Selig for the Union advised of his organisation's consent to the Application. 7 Having reviewed the Application and having considered the submissions of the parties, the Commission is satisfied that the Application should be made. 8 The Application rescinds and replaces the TNT Logistics (Australia) Pty Ltd (NSW Local Fleet) Contract Determination (Vol 339 IG 518). The dispute proceeding in IRC 08/234 was formally closed on the record by agreement of the parties. 9 Accordingly, the Commission hereby formally approves the Ex Tempore Decision made in this matter on 6 May 2008. 10 The Application shall take effect from the beginning of the first pay period on or after 6 May 2008 and shall have a nominal term of one year. A Macdonald 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.