Transport Workers Union of New South Wales v Jet Couriers (Sydney) Pty Ltd [2008] NSWIRComm 1052

Industrial Relations Commission of New South Wales

CITATION: Transport Workers Union of New South Wales v Jet Couriers (Sydney) Pty Ltd [2008] NSWIRComm 1052

APPLICANT Transport Workers Union of New South Wales PARTIES: RESPONDENT Jet Couriers (Sydney) Pty Ltd

FILE NUMBER(S): 161 of 2008

CORAM: Macdonald C

CATCHWORDS: Dispute Notification - section 332 of the Industrial Relations Act, 1996 - dispute concerns alleged underpayments for a contract carrier who performed courier and taxi truck work for Jet Couriers (Sydney) Pty Ltd (the Principal Contractor) - conciliation unsuccessful - Hearing - HELD: (A) Union's claim that carrier engaged only on Exclusive Hire per relevant Contract Determination made out - Principal Contractor's argument that a probationary concept applied to carriers engaged on Exclusive Hire rejected - principles of award interpretation applied - appropriate order for underpayment claim made; (B) Union's claim that carrier made redundant by principal contractor not made out - Union carried onus to prove redundancy claim - reasonable inference available that carrier's service was terminated due to his conduct towards another person.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: R v The Industrial Commission of South Australia; Ex Parte Adelaide Milk Supply Co-operative Ltd (1997) 16 SASR 6 Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks' Union of Australia, New South Wales Branch (2001) 106 IR 217

HEARING DATES: 03/06/08

DATE OF JUDGMENT: 1 October 2008

Transport Workers Union of New South Wales Mr O Fagir LEGAL REPRESENTATIVES: RESPONDENT Jet Couriers (Sydney) Pty Ltd Mr B Ralph