Transport Workers' Union of New South Wales (o/b John Power t/as John Power Pty Limited) v Forum Transport Pty Ltd [2011] NSWIRComm 1012

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales (o/b John Power t/as John Power Pty Limited) v Forum Transport Pty Ltd [2011] NSWIRComm 1012 Hearing dates: 18 - 19 November 2010 Decision date: 18 March 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C. Decision: (1) Reinstatement of contract of carriage ordered. (2) Order for lost remuneration. Catchwords: APPLICATION FOR CONTRACT DETERMINATION OF REINSTATEMENT - section 314 of the Industrial Relations Act 1996 - John Power Pty Ltd engaged as contract carrier by Forum Transport Pty Ltd (respondent) - John Power carting loads for one particular client (Humes) of the respondent - various contract carriers engaged by respondent and carting loads for Humes queried amongst themselves their correct contract determination entitlements - contract carriers contacted Transport Workers Union - contract carriers join union - carriers hold meeting (without union) at Humes site before start time - Humes personnel inform respondent of meeting - respondent (per Mr McFarlane) telephones each carrier as to the nature and content of their meeting - McFarlane terminates carrier contract of John Power Pty Ltd - application for reinstatement of carrier contract - Hearing - issues going to the terms of terminated contract - subsequent written submissions on request by Commission Held: no valid reason for terminating carrier contract - order for reinstatement of carrier contract on same terms as for terminated carrier contract - order for lost remuneration

APPLICATION FOR RELIEF FROM VICTIMISATION - section 213 of the Industrial Relations Act 1996 - carrier contract of John Power Pty Ltd terminated by respondent (Mr McFarlane) - union argues termination due to victimisation arising out of union membership of John Power and union activity of John Power with respect to meeting of carriers (union members) held on Humes worksite - Hearing: subsequent written submissions on request by Commission - application rejected. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Brown v Rezitis (1970) 127 CLR 157 Cherry v Allied Express Transport (1997) 73 IR 305 Deltec International Courier Pty Limited v Transport Workers Union of Australia, NSW Branch (1993) 50 IR 341 Hurrell and Queensland Cotton Corporation Ltd (2002) 125 IR 145 Outboard World Pty Ltd t/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 Category: Principal judgment Parties: Transport Workers Union of New South Wales (o/b John Power t/as John Power Pty Limited) (Applicant)