Transport Workers' Union of New South Wales v A & S Logistics Pty Ltd [2011] NSWIRComm 1042

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales v A & S Logistics Pty Ltd [2011] NSWIRComm 1042 Hearing dates: 10 June 2011 Decision date: 28 July 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C Decision: Company to pay contract carriers for their outstanding invoices Catchwords: DISPUTE NOTIFICATION - section 332 - contract determination - dispute concerns failure of company/respondent to pay outstanding invoices for work performed by certain contract carriers - compulsory conference - company did not always enter an appearance - conciliation unsuccessful - hearing programmed - company did not comply with direction to file evidence - Hearing - company did not appear - ex parte hearing - union called carriers as witnesses - HELD: Company to pay contract carriers for their outstanding invoices Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Transport Workers Union of New South Wales (applicant)

A & S Logistics Pty Ltd (respondent) Representation: Mr S Bull, Union Official (Applicant)

No Appearance (Respondent) File Number(s): IRC 319 of 2011

DECISION 1The Transport Workers Union of New South Wales ("the union") lodged a section 332 dispute notification against A & S Logistics Pty Ltd ("the respondent"/"the company"). The dispute notification was lodged on 1 April 2011. 2The dispute notification advised that the company had engaged the services of a number of contract carriers since November 2010 and had advised the carriers that their invoices for work performed would be paid within a 7 day period. The union made representations to the company on behalf of carriers for monies owed on invoices but the company had refused to consult over the outstanding invoices. The union sought the assistance of the Industrial Relations Commission of New South Wales ("the Commission"). 3The matter was listed before the Commission (Macdonald C) for a compulsory conference on 4 April 2011 and report back on 6, 12, 21 April and 6 May 2011. Failing conciliation, the matter was programmed for a hearing on 10 June 2011. 4Directions were issued by the Commission for the filing of evidence for the hearing. The union complied with that direction. The company did not file any evidence in rebuttal of the union's filed material. 5The hearing took place on 10 June 2011. 6The union was represented by Mr S Bull who called the following witnesses: Helen Surlas - union official Luke Bickhoff - carrier Norman Haddad - carrier Tony Stepanovski - carrier Trevor Ramsey - carrier Tufiq Nabaki - carrier 7No appearance was made on behalf of the company at the hearing.