Transport Workers' Union of New South Wales (on behalf of Cruickshank Transport Pty Ltd) v Stegbar Pty Ltd [2007] NSWIRComm 244

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales (on behalf of Cruickshank Transport Pty Ltd) v Stegbar Pty Ltd [2007] NSWIRComm 244 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Transport Workers' Union of New South Wales PARTIES: RESPONDENT Stegbar Pty Ltd

FILE NUMBER(S): 2210 of 2006

CORAM: Sams DP; Macken Dr J; Tinney Mr G

Application to Contract of Carriage Tribunal - contract of carriage - transport of glass products - contract provided after commencement - advice to applicant - negotiations for new contract arrangement - new contract entered into - notice of termination of contract due to downturn in work - allegations of misconduct - contract terminated prior to expiry of notice - application for compensation for loss of goodwill and other claims - whether goodwill or premiums paid to enter yard - hearsay evidence - whether evidence should be accepted - whether respondent was aware of goodwill payment - whether respondent took steps to advise that goodwill was not a requirement to enter the yard - jurisdiction of the Tribunal - effect of new contract - claims for refit of truck and loss of earnings - whether termination of contract unfair, harsh or unconscionable - assessment of compensation. CATCHWORDS: Held; decision of part time members of the Tribunal - preliminary jurisdictional challenge rejected - premium paid for work - respondent aware of the practice of premiums being paid - respondent took no steps to advise applicant premium not a requirement to enter yard - contract provided after commencement of work - jurisdictional foundation established - notice of termination of contract two working days after signing new contract - bona fides of respondent - misconduct allegations not pursued - no payments made on termination of contract - termination of contract unfair, harsh and unconscionable - loss of goodwill and ongoing work - cost of refit of truck relevant - balance of notice period to be paid - difference in earnings - compensation appropriate - amortisation of goodwill - various heads of claim assessed - compensation ordered.