Industrial Relations Commission of New South Wales CITATION: Transport Industry - Car Carriers (NSW) Contract Determination [2008] NSWIRComm 1050 APPLICANT Australian Industry Group PARTIES: RESPONDENT Transport Workers Union of New South Wales FILE NUMBER(S): 1418 of 2007 and ; 562 of 2008 CORAM: Macdonald C CATCHWORDS: Application for a new Contract Determination - ss 311 and 320 of the Act - Special Circumstances - consent of the parties - new Contract Determination made LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 23/05/08 DATE OF JUDGMENT: 23 May 2008 Australian Industry Group Mr S Schmitke LEGAL REPRESENTATIVES: Transport Workers Union of New South Wales Mr G Selig DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 23 May 2008 Matter No IRC 1418 of 2007 Transport Industry - Car Carriers (NSW) Contract Determination Application by Australian Industry Group for a new Contract Determination Matter No IRC 562 of 2008 Transport Industry - Car Carriers Contract Determination Application by Transport Workers Union of New South Wales for Variation re Schedule 1 - Rates of Remuneration DECISION [2008] NSWIRComm 1050 1 The Commission has before it, pursuant to sections 311 and 320 of the Industrial Relations Act 1996 ("the Act"), applications by the Australian Industry Group ("AIG") and the Transport Workers Union of New South Wales ("the Union"). 2 The applications are twofold: (a) Application for a new Contract Determination by AIG: IRC 1418/07; filed on 30 August 2007; and (b) Application for a Variation to the existing contract determination by the Union: IRC 562/08, filed on 1 May 2008. The above two applications were formally joined at a Consent Hearing held on 23 May 2008. 3 During all proceedings, the AIG was represented by Mr S Schmitke and the Union was represented by Mr G Selig. 4 Although this Decision reflects a Consent Hearing held on 23 May 2008, there is a substantial history of negotiations between the parties leading up to that Consent Hearing. 5 Matter No IRC 1418/07, filed on 30 August 2007 for a new Contract Determination, was before the Commission on some twelve occasions for Compulsory Conferences/Report Backs - from September 2007 until May 2008. Matter No IRC 562/08, filed by Union, was only recently filed (1 May 2008) and was joined to IRC 1418/07 on 23 May 2008. 6 On 23 May 2008, the parties advised that they had reached settlement in respect of the issues between them. The two files, referred to above, were formally joined and the parties advised that the proceedings before the Commission that day, could go forward as a Consent Hearing. 7 Mr Schmitke then addressed the Commission on the Consent application - that is, on the agreed amendments for the new Contract Determination to be known as the Transport Industry - Car Carriers (NSW) Contract Determination. 8 Mr Schmitke advised that Special Circumstances existed to warrant the rescission and replacement of the Transport Industry - Car Carriers (NSW) Contract Determination that came into effect on 21 April 1982. The car carrying industry has, arising from a decision of the NSW Government, been affected by a relocation of car delivery terminals from Glebe Island and Walsh Bay to a location in the Illawarra region, being Port Kembla. The existing contract determination (made on 21 April 1982), does not take into account the complexities associated with the work to be performed from the base in Port Kembla. The new Contract Determination application before the Commission for ratification, does address the geographical relocation and work complexities and establishes rates of remuneration for carriage work originating out of Port Kembla. 9 Mr Schmitke also advised of another amendment, being in respect of Schedule 2 - Procedure and Time for Adjustment of Rates and Amounts. This amendment will provide for interim adjustments, on condition that a certain criterion is met. The amendment goes to the "trigger" by which the Union can make an application to recover costs borne by contact carriers. 10 Mr Schmitke sought that the Commission ratify the consent application for a new Contract Determination. 11 Mr Selig for the Union advised of his organisation's consent to the Application. 12 Having reviewed the application for a new Contract Determination, and having considered the submissions of the parties, the Commission is satisfied that the application should be made. 13 This application for a new Contract Determination rescinds and replaces the Transport Industry - Car Carriers (NSW) Contract Determination (Vol 321 IG 264). 14 The dispute proceedings in IRC 1418/07 and IRC 562/08 are now formally closed. Transcript of proceedings for today, 23 May 2008, has been ordered by the Commission and will be inserted in file IRC 1418/07. 15 The Commission hereby formally approves the Ex Tempore Decision made in IRC 1418/07 and IRC 562/08. 16 The monetary increases arising out of the new Contract Determination, shall take effect from the first full pay period commencing on or after 23 May 2008. 17 The new Contract Determination shall take effect on and from 23 May 2008 and shall remain in force for a period of twelve months thereafter. A Macdonald Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.