Transport Workers' Union of New South Wales v A & S Logistics Pty Ltd [2011] NSWIRComm 1044

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales v A & S Logistics Pty Ltd [2011] NSWIRComm 1044 Hearing dates: 10 June 2011 Decision date: 01 September 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C Decision: Orders issued that company pay contract carriers for their outstanding invoices Catchwords: DISPUTE NOTIFICATION - 332 contract determination - dispute concerned failure of company to pay outstanding invoices from work performed by certain contract carriers Hearing - Decision issued by Commission on 28 July that company pay contract carriers for their outstanding invoices - Decision of Commission required union to file section 380 small claims application - union duly filed section 380 application seeking orders from Commission in favour of contract carriers - orders issued Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Transport Workers Union of New South Wales (applicant) A & S Logistic Pty Ltd (respondent) Representation: Mr S Bull Union Official (Applicant) No Appearance (Respondent) S Bull (applicant)

No appearance (respondent) File Number(s): IRC 319 of 2011

DECISION/ORDERS 1The Transport Workers Union of New South Wales ("the union") lodged a section 332 dispute notification against A & S Logistics Pty Ltd ("the company"/"the respondent"). 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 but not all invoices presented were paid by the company. 3Conciliation by the Industrial Relations Commission of New South Wales ("the Commission") failed to resolve the dispute. The dispute was programmed for a Hearing on 10 June 2011 in respect of the union's claim that the company had not paid presented invoices for carriage work performed. 4Arising out of the Hearing, the Commission issued a Decision on 28 July 2011, in which the Commission held that the company had not paid for certain invoices presented by five contract carriers engaged to perform carrier work for the company. 5The union's dispute notification advised that the carriers performed work pursuant to the Transport Industry - General Carriers Contract Determination ('the Determination"). 6The Decision of the Commission advised that a supplementary decision/orders would be issued once the union had filed the appropriate small claims application pursuant to section 380 of the Industrial Relations Act 1996 ("the Act"). The union filed that small claims application on 25 August 2010 in the Court House at Parramatta. Given the foregoing, the Commission now makes the following Orders: ORDERS 1. A & S Logistics Pty Ltd shall pay Talik Management Pty Ltd, the sum of $14,520. 2. A & S Logistics Pty Ltd shall pay Normstarr Pty Ltd, the sum of $18,062. 3. A & S Logistics Pty Ltd shall pay Northwest Partners Pty Ltd, the sum of $20,000. 4. A & S Logistics Pty Ltd shall pay T J Ramsey Holdings Pty Ltd, the sum of $15,840. 5. A & S Logistics Pty Ltd shall pay Ikaban Distributors Pty Ltd, the sum of $11,000.00. 6. The payments set out in (1) to (5) above, shall be made by 22 September 2011. 7. Each Order set out above shall take effect on and from Thursday, 1 September 2011. 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. Decision last updated: 01 September 2011