Sigma Pharmaceuticals Pty Ltd and Transport Workers' Union of New South Wales and another matter [2009] NSWIRComm 1036

Industrial Relations Commission of New South Wales

CITATION: Sigma Pharmaceuticals Pty Ltd and Transport Workers' Union of New South Wales and another matter [2009] NSWIRComm 1036

APPLICANT - IRC 625 of 2008 Sigma Pharmaceuticals Pty Ltd RESPONDENT Transport Workers' Union of New South Wales PARTIES: APPLICANT - IRC 884 of 2008 Transport Workers' Union of New South Wales RESPONDENT Sigma Pharmaceuticals Pty Ltd

FILE NUMBER(S): IRC 625 and IRC 884 of 2008

CORAM: McKenna C

CATCHWORDS: Transport industry - application by principal contractor for adjustment to redundancy payments for contract carriers under contract determination - obtained acceptable alternative work - application by union for new contract determination seeking improved redundancy payments and adjustment to calculation formula for payments - grounds for exemption from payment or reduction not made out as acceptable alternative work not obtained by principal contractor - grounds not made out for new contract determination - inappropriate under either application to determinate/make orders whether individual drivers were contract carriers or whether short-term drivers were made redundant given nature of applications before the Commission - application for exemption from payment dismissed - application for new contract determination dismissed

LEGISLATION CITED: Industrial Relations Act 1996 ss 309, 310 Transport Industry - Redundancy (State) Contract Determination cl 6

CASES CITED: National Union of Workers v United FM Pty Ltd trading as United KFPW [2006] NSWIRComm 1112 United FM Group Pty Ltd t/as United KFPW v National Union of Workers, New South Wales Branch [2006] NSWIRComm 391; (2006) 158 IR 336