Transport Workers' Union of New South Wales v. National Union of Workers [2006] NSWIRComm 1087

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales v. National Union of Workers [2006] NSWIRComm 1087

APPLICANT Transport Workers' Union of New South Wales

PARTIES: RESPONDENT National Union of Workers

INTERVENOR Australian Co-operative Foods Limited

FILE NUMBER(S): IRC 1424 and 6454 of 2005

CORAM: Connor C

CATCHWORDS: demarcation of work - milk treatment and distribution industry - orders for demarcation of work sought - eligibility rules of trade unions - history of trade union coverage - dissatisfaction with a trade union - principles for the demarcation of work between two trade unions

Federal Workplace Relations Amendment (Work Choices) Act, 2005 LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations Act 1996

Australian Workers Union and Western District Branch of the Australian Coal and Shale Employees' Federation (1943) AR 76 BHP Refractories Pty Limited v. AWU-FIME Amalgamated Union (1996) 69 IR 41 Re Copper Refining and Smelting (Electrolytic Refining and Smelting Company of Australia Limited Award (No.3) (1942) AR 248 Federated Ironworkers' Association of Australia v. Transport Workers' Union of Australia (1995) 62 IR 90 Health and Research Employeess' Association of Australia v. University of New England (1984) AR 623 Jones v. Dunkel (1959) 101 CLR 298 McGrath and Davis v. Australian Jockey Club - unreported CASES CITED: National Union of Workers v. Transport Workers' Union of Australia (1998) 84 IR 360 Professional Officers' Association of New South Wales v. New South Wales Teachers' Federation (1994) 54 IR 85 R v. Holmes; ex parte Public Service Association of New South Wales (1978) 140 CLR 63 Re Public Hospital Employees (Skilled Trades) State Award (2001) 127 IR 361 Public Service Association of New South Wales v. Australian Workers Union (1990) 36 IR 221 R v. Hibble ex parte Broken Hill Proprietary Company Limited (1921) 29 CLR 290 Re Special Constables (Police Department) Award (1956) AR 880 Re Sykes Indoor Plant Services Pty Limited (1978) AR 46 Transport Workers' Union of New South Wales v. National Union of Workers [2005] NSWIRComm 1088