Transport Workers' Union of New South Wales and DP World Sydney Limited [2013] NSWIRComm 58

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales and DP World Sydney Limited [2013] NSWIRComm 58 Hearing dates: 14/02/2013 Decision date: 10 July 2013 Jurisdiction: Industrial Relations Commission Before: Backman J Decision: The first, second, third, fourth, seventh and eighth respondents to the Notification are granted leave of the Commission to be removed as respondents to the Notification. Catchwords: Notification of a dispute under s 332 of the Industrial Relations Act 1996 (the Act) - respondents to the Notification seek leave of the Commission to be removed as respondents to the proceedings - whether there is a relevant industrial dispute - if there is an industrial dispute whether the respondents are parties to the dispute - statutory regime under Chapter 6 of the Act considered - Held: there is no relevant industrial dispute under s 332 - Held: even if there is a dispute none of the respondents are parties to the dispute - order. Legislation Cited: Industrial Relations Act 1996 Cases Cited: St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; (2004) 211 ALR 147 Transport Workers Union of Australia New South Wales Branch v Conaust Ltd (1992) 46 IR 18 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Notifier) DP World Sydney Limited (First respondent) Gregory's Transport (Second respondent) Owens Transport (Third respondent) Patrick Port Logistics Pty Ltd (Fourth respondent) Maritime Container Services Pty Ltd (Fifth respondent) Australian Container Freight Services Pty Ltd t/as Smith Bros Terminal Pty Ltd (Sixth respondent) Sydney Ports Corporation (Seventh respondent) Australian Road Transport Industrial Organisation (Eighth respondent) Representation: Mr A Hatcher, SC (Notifier/Applicant) Transport Workers' Union of New South Wales (Notifier/Applicant) Herbert Smith Freehills (First and fourth respondents) K&L Gates (Second, Third and Eighth respondents) Sydney Ports Corporation (Seventh respondent) File Number(s): IRC 1136 of 2012