Industrial Relations Commission of New South Wales CITATION: Transport Workers' Union of New South Wales v. New South Wales Road Transport Association and Courier and Taxi Truck Association [2006] NSWIRComm 1085 APPLICANT Transport Workers' Union of New South Wales PARTIES: FIRST RESPONDENT New South Wales Road Transport Association SECOND RESPONDENT Employers First FILE NUMBER(S): IRC 5493 of 2004 CORAM: Connor C CATCHWORDS: application to industrial committee - variation of contract determination - safety net - interim adjustment - rectification of an error - unanimous decision of industrial committee LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: Transport Industry (State) Award Case (1974) AR 472 HEARING DATES: 18/05/2006 DATE OF JUDGMENT: 05/18/2006 EXTEMPORE JUDGMENT DATE : 05/18/2006 APPLICANT Charlie Heuston Transport Workers' Union of New South Wales LEGAL REPRESENTATIVES: FIRST AND SECOND RESPONDENTS Shaun Schmitke Employers First DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES TRANSPORT INDUSTRY COURIER AND TAXI TRUCK INDUSTRIAL COMMITTEE CORAM: CONNOR C (chairman) DAVID TRITON ROD GRACE (committee members) Thursday, 18 May, 2006 Matter No IRC 5493 of 2004 Transport Workers' Union of New South Wales and the New South Wales Road Transport Association and the Courier and Taxi Truck Association Application under S.312 of the Industrial Relations Act, 1996 for variation of the Transport Industry - Courier and Taxi Truck Contract Determination re increased safety net SPEAKING TO THE MINUTES [2006] NSWIRComm 1085 1 On Friday, 27 January, 2006 the Transport Industry Courier and Taxi Truck Industrial Committee under my chairmanship handed down an interim decision on an application by the Transport Workers' Union of New South Wales for variation of the Transport Industry - Courier and Taxi Truck Contract Determination. There are two rates of remuneration for contract couriers and taxi truck drivers, viz: (i) rates which provide a safety net - a guaranteed level of remuneration, calculated on an hourly basis, below which no contract courier may be engaged; and (ii) a unit rate - an incentive payment scheme based on the actual work performed. The TWU application sought an increase to the first of those rates - the safety net. 2 This TWU application has a lengthy history. The TWU lodged the application on Monday, 13 September, 2004. What followed was a lengthy period of negotiations which is still continuing. The Courier and Taxi Truck Association has consistently opposed any increase to the safety net. Its position has historically been that any increase to rates of remuneration in the contract determination for couriers and taxi truck drivers should be across the board, ie not confined to the safety net alone. 3 The CTTA representative (Mr Taylor) continued to express that view in the hearing of the matter before the industrial committee on Friday, 27 January, 2006. The matter then proceeded to hearing before the industrial committee on Friday, 27 January, 2006 but Mr Heuston, representing the TWU and Mr Schmitke, representing the Road Transport Association of New South Wales advanced an agreed position between them for an interim increase to the safety net. Mr Heuston handed up two documents to give effect to that agreed position: a schedule [Exhibit A] - which provided for an interim increase to the safety net effective on and from Wednesday 1 March, 2006 - and draft orders [Exhibit B] - which provided for a further increase to both the safety net (excepting exclusive hire) and the adopted unit rate by not less than 6.92% effective no later than Thursday, 1 March, 2007. 4 It was the unanimous decision of the industrial committee that the contract determination for contract couriers and taxi truck drivers be varied in accordance with Exhibit A and that the draft orders in Exhibit B be adopted. In terms of Reg 9(4), it was not necessary for me, as chairman, to determine the matter [the Transport Industry (State) Award Case (1974) AR 472]. In accordance with the draft orders in Exhibit B, I directed the parties into further discussions over the timing and quantum of the further increases to the rates of remuneration for contract couriers and taxi truck drivers and I reconvened the proceedings on Friday, 3 March, 2006 and Wednesday, 26 April, 2006 (sitting alone) for mention and further programming. 5 I understand that the variation to the contract determination have been settled by Registry staff. Nevertheless I am informed that there is an error in Exhibit A which the parties, by consent wish to rectify. That would require the reconvening of the industrial committee. I set the matter down for a speaking to the minutes before the industrial committee under my chairmanship on Thursday, 18 May, 2006 to rectify the matter. In those proceedings Mr Heuston represented the TWU and Mr Schmitke represented Employers First and the Roads Transport Association of New South Wales. 6 Mr Heuston provided a new schedule to reflect the corrections needed [Exhibit C] and Mr Schmitke did not oppose the contract determination for couriers and taxi truck drivers being amended accordingly. The industrial committee consents to the further variation of the contract determination for couriers and taxi truck drivers in accordance with Exhibit C on and from Wednesday, 1 March, 2006 (which was the operative date that the original interim variation. The contract determination shall be varied accordingly. I stand the file over generally whilst further discussions take place, reserving to the parties the right to seek the re-listing of the matter in due course. P J CONNOR Chairman of Committee 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.