Transport Workers' Union of New South Wales (on behalf of Robert Lloyd) and Toll Pty Ltd trading as Toll Intermodal [2013] NSWIRComm 1017

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales (on behalf of Robert Lloyd) and Toll Pty Ltd trading as Toll Intermodal [2013] NSWIRComm 1017 Hearing dates: 6 June and 14 August 2013 Decision date: 18 September 2013 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Application dismissed Catchwords: Notice to upgrade vehicle - moratorium granted pending retirement - further extension sought - dispute proceedings - termination of contract of carriage - varied operational requirements of business - afforded procedural fairness - termination not harsh, unjust or unreasonable - application dismissed. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Cherry v Allied Express Transport (1997) 73 IR 305 Antonakopoulos v State Bank of NSW (1999) 91 IR 385; Humphries v Cootamundra Ex-Services and Citizens' Memorial Club Ltd (2003) 128 IR 37 Thomas Arthur and Jeanette Ann Gaddess by AJ Mills v Sons trading as Mills Transport [1999] NSWIRComm 297 Deltec International Courier Pty Limited v Transport Workers' Union of Australia, New South Wales Branch (1993) 50 IR 341 Outboard World Pty Limited T/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 A & M Thompson Pty Ltd v Total Australia Ltd [1980] AR (NSW) 399 Davis v General Transport Development Pty Ltd) [1967] AR 371 Byrne & Anor v Australian Airlines Limited [1995] HCA 24 Category: Principal judgment Parties: Transport Workers Union of New South Wales (on behalf of Mr Robert Lloyd) (Applicant) Toll Proprietary Limited trading as Toll Intermodal (Respondent) Representation: Mr A Guy of Counsel (Applicant) Mr D O'Sullivan of Denman Chambers (Respondent) File Number(s): IRC 576 of 2012