Interim Transport Industry - Courier and Taxi Truck Contract Determination [2010] NSWIRComm 51

Industrial Relations Commission of New South Wales

CITATION: Interim Transport Industry - Courier and Taxi Truck Contract Determination [2010] NSWIRComm 51 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Transport Workers Union of New South Wales (Appellant) Courier and Taxi Truck Association (First Respondent) Australian Business Industrial (Second Respondent) PARTIES: Australian Federation of Employers (Third Respondent) CLC Deliveries (Fourth Respondent) Crisis Couriers (Fifth Respondent) Mail Call Couriers (Sixth Respondent) NSW Road Transport Association Inc (In Liq) (Seventh Respondent)

FILE NUMBER(S): IRC 838 of 2009

CORAM: Walton J Vice-President; Staff J; Connor C

CATCHWORDS: APPEAL - objection to Member of Commission conducting arbitration - refusal of Member to disqualify himself - whether s 173 has application to proceedings under Pt 2 of Ch 6 of the Industrial Relations Act 1996 - whether arbitration about "the matter" had commenced - whether the making of determination that application be dismissed because frivolous and vexatious constitute arbitration and exclude the operation of s 173 of the Act - held - s 173 applied to proceedings - principles in respect of operation of s 173 - determination of a strike out application cannot be regarded as Commission commencing to exercise arbitral powers in context Pt 2 of Ch 6 - hearing of interlocutory application prior to proceeding into arbitration - leave to appeal granted - appeal upheld - referral to President for allocation to another Member