Transport Workers Union of New South Wales (o-b Alireza Moghaddam) v Corporate Express Supply Chain Pty Ltd [2009] NSWIRComm 1079

Industrial Relations Commission of New South Wales

CITATION: Transport Workers Union of New South Wales (o-b Alireza Moghaddam) v Corporate Express Supply Chain Pty Ltd [2009] NSWIRComm 1079

APPLICANT Alireza Moghaddam PARTIES: RESPONDENT Corporate Express Supply Chain Pty Ltd

FILE NUMBER(S): 564 of 2009

CORAM: Macdonald C

CATCHWORDS: Application for a contract determination of reinstatement - transport industry - application pursuant to section 314 of Industrial Relations Act 1996 - contractor engaged by Corporate Express Supply Chain Pty Ltd to deliver office supplies to various customers - contractor questioned by Corporate Express surrounding procedure/paperwork and actual quantity of office supplies taken from Corporate Express premises and delivered to a particular customer - Corporate Express investigation into incident and meetings with contractor - contract between contractor and Corporate Express terminated - application by Union for reinstatement of contract of carriage - Hearing - No allegation of theft - contractor loaded extra boxes of paper for client of Corporate Express - the extra boxes had purpose of making up shortfall in number of boxes that client had been ordering in recent past - CCTV footage viewed by Commission - evidence about shortfall in boxes picked for delivery as against number of boxes ordered by client - method by which one or more drivers make up any shortfall - "common practice" - September 2008 memorandum - drivers motivation for making up shortfall - keep client happy - HELD: Termination of contract harsh - reinstatement of contract ordered - order for part of the contractors lost earnings.