TWU v Veolia Environmental Services Pty Ltd [2011] NSWIRComm 1039

Industrial Relations Commission New South Wales Medium Neutral Citation: TWU v Veolia Environmental Services Pty Ltd [2011] NSWIRComm 1039 Hearing dates: 2-3 June 2011 Decision date: 21 July 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C Decision: (1) The payment of a cartage rate by the company to front end loader vehicles, having six wheels, where the rate is less than that prescribed by the relevant industrial instrument, is invalid. Catchwords: DISPUTE NOTIFICATION - Section 332 of the Industrial Relations Act 1996 - waste management industry - company engages contract carriers to cart commercial waste per contract determination- contract carriers use eight wheel vehicles with front end lifting mechanism to lift and empty waste into their vehicles - company bought out competitor's operation and eventually engaged three contract carriers of former competitor - the three contract carriers own vehicles having front lift design but only as six wheel vehicles - company advised that their remuneration would be $3.80 per cubic metre of waste for their six wheel vehicles but company pays, per industrial instrument, $4.18 per cubic metre to their eight wheel front lift vehicle contract carriers - industrial instrument has no provision for front lift waste cartage rate having six wheel vehicles - union made underpayment claim for its members to be paid $4.18 and not $3.80 - HELD: payment of cartage rate less than that prescribed by contract determination is invalid - union to file section 380 application so as to have relevant orders issued via supplementary decision. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Cepus v Heggies Transport Pty Ltd (1994) 52 IR 123 South Eastern Sydney and Illawarra Area Health Service v Health Services Union (o/b Peisley) (2007) 165 IR 43 Category: Principal judgment Parties: Transport Workers Union of New South Wales (Applicant)