Notification under section 130 of a dispute by Transport Workers' Union with TNT Australia re: threat of termination [2012] NSWIRComm 128

Industrial Relations Commission New South Wales Medium Neutral Citation: Notification under section 130 of a dispute by Transport Workers' Union with TNT Australia re: threat of termination [2012] NSWIRComm 128 Hearing dates: 14 November 2012 Decision date: 16 November 2012 Before: Boland J, President Decision: Subject to the parties satisfying themselves that introduction of the direct allocation system will not change the nature of the relationship to employer and employee, the Commission recommends that the parties cooperate and consult further on the introduction of the direct allocation system. That further consultation should address at least the following matters: (1) some mechanism to protect the income of carriers for a fixed period of say six months if as a direct consequence of the introduction of the direct allocation system and not individual work effort, incomes are adversely affected; (2) objections or concerns the drivers have in relation to the procedure set out in annexure G to Mr Soussa's statement in the proceedings; (3) clear rules to ensure no bullying or favouritism occurs in the allocation of jobs; and (4) whether it is possible to retain aspects of the freecall system to enable drivers to see that the work is being shared equitably. Catchwords: INDUSTRIAL DISPUTE - Notification of industrial dispute by Transport Workers' Union involving TNT regarding threat of termination of courier drivers because of drivers' refusal to move to a direct allocation radio procedure proposed by TNT - Consideration of employer/employee relationship or one of principal contractor and contractor - Not for the Commission to intervene assuming the role of the business decision maker, but rather to assess whether what the decision maker proposes would impose unfair or unreasonable demands on contractors, including unsafe work practices - Recommend parties cooperate and consult on introduction of the direct allocation system Legislation Cited: Industrial Relations Act 1996 Cases Cited: Cram, Re, Ex parte NSW Colliery Proprietors' Association Ltd [1987] HCA 28; (1987) 163 CLR 117 Hollis v Vabu Pty Ltd [2001] HCA 44; (2001) 207 CLR 21 John Lysaght (Australia) Limited - Port Kembla - Slit Recoil Line - Rates of Pay Award, Re (unreported, Matter No IRC 2374 of 1994, Industrial Relations Commission of New South Wales, 21 March 1995) Category: Procedural and other rulings Parties: Transport Workers' Union of New South Wales (Applicant) TNT Australia Pty Limited (Respondent) Representation: Mr A Hatcher of counsel (Applicant) Mr M Brennan (Respondent) File Number(s): IRC 1078 of 2012