Veolia Environmental Services (Australia) Pty Ltd and Transport Workers Union of New South Wales [2012] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Veolia Environmental Services (Australia) Pty Ltd and Transport Workers Union of New South Wales [2012] NSWIRComm 1003 Hearing dates: 26, 27 September and 14 December, 2011 Decision date: 23 March 2012 Before: Macdonald C Decision: (1) Orders issued Catchwords: DISPUTE NOTIFICATION - section 332, Industrial Relations Act 1996 - dispute lodged by company against union - dispute concerned application of agreement between parties as to payment of monies to truck drivers to offset increases in costs of diesel fuel - dispute also concerned whether the price of diesel fuel purchased by the drivers from the company bowser was inclusive or exclusive of GST - conciliation unsuccessful - hearing - evidence as to initial agreement between the parties re offsetting increases in fuel costs - evidence of parties intention to reflect that initial agreement into a later industrial instrument but that intention not accurately reflected in later industrial instrument - interpretation principles - HELD: Commission concurred with company's submissions and evidence - appropriate orders as sought by the company issued. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Cepus v Heggies Transport Pty Ltd (1994) 52 IR 123

Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Category: Principal judgment Parties: Veolia Environmental Services (Australia) Pty Ltd (Applicant)

Transport Workers Union of New South Wales (Respondent) Representation: Mr J Murphy, barrister (Applicant) Mr T Gooch, Macpherson & Kelley Lawyers (Applicant)