NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Boral Resources (NSW) Pty Ltd and Transport Workers' Union of New South Wales [2009] NSWIRComm 112
APPLICANT Boral Resources (NSW) Pty Ltd PARTIES: RESPONDENT Transport Workers' Union of New South Wales
FILE NUMBER(S): IRC 686 of 2009
CORAM: Sams DP
INDUSTRIAL DISPUTE - production and distribution of premixed concrete - truck drivers - s 142A referral agreement - expired agreement - enterprise bargaining negotiations - impasse over wages and staggered start times - evidence as to peaks and troughs of demand - idle time - loss of overtime - impact on work/family responsibilities - health and safety - Australian Fair Pay Commission decision. CATCHWORDS: RECOMMENDATION - evidence as to net effect inconclusive - desirable to have flexible utilisation of workforce - parties should work cooperatively - individual difficulties to be considered - two different wage increases undesirable - Australian Fair Pay Commission decision no authority - recommendation to accept Company's proposal - review impact after six months.
LEGISLATION CITED: Fair Work Act 2009 (Cth) Industrial Relations Act 1996
Australian Fair Pay Commission Wage Setting Decision 2/2009 CASES CITED: State Wage Case 2006 (No 6) (2006) 153 IR 268 AWARD: Boral Concrete Sydney Metropolitan Drivers Collective Agreement 2008
HEARING DATES: 8 July 2009
DATE OF JUDGMENT: 13 July 2009
APPLICANT Mr N Chadwick Chadwick Workplace Law LEGAL REPRESENTATIVES: RESPONDENT Mr O Fagir Transport Workers' Union of New South Wales
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