Transport Workers Union of NSW o/b Kojic v Toll Transport Pty Limited t/a Toll Priority [2015] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers Union of NSW o/b Kojic v Toll Transport Pty Limited t/a Toll Priority [2015] NSWIRComm 1006 Hearing dates: 10, 11 March 2015 Decision date: 31 March 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application dismissed Catchwords: Contract of carriage – termination of contract – application for reinstatement of contract or compensation – applicable jurisprudence – whether termination harsh, unjust or unreasonable – alleged failure to follow protocol – alleged failure to follow direction of supervisor - previous warnings – previous final warning – long contractual association – principal contractor entitled to require adherence to procedure – previous undertaking by contractor not to breach procedure – no basis for reinstatement of contract of carriage – application dismissed. Legislation Cited: Industrial Relations Act 1996 ss. 89, 314 Cases Cited: Cherry v Allied Express Transport (1997) 73 IR 305 Transport Workers' Union of New South Wales (on behalf of TWS NSW Pty Ltd and Ready Transport) and Smartskip (NSW) Pty Ltd [2008] NSWIRComm 55 Category: Principal judgment Parties: Transport Workers Union of NSW o/b Zdravko Kojic - applicant Toll Holdings Ltd t/a Toll Priority – respondent Representation: Mr H Arjonilla – applicant Mr S Burke, solicitor – respondent

Laycock Burke Castaldi, solicitors File Number(s): IRC 785 of 2014

DECISION 1. This is an application brought pursuant to s.314 of the Industrial Relations Act 1996 ('the Act') by The Transport Workers Union of NSW on behalf of its member Mr Zdravko Kojic. Mr Kojic was party to a contract of carriage with Toll Transport Pty Limited t/a Toll Priority. ('Toll') 2. Toll terminated the contract of carriage on 27 October 2014. 3. The application sought reinstatement of the contract of carriage or, as it was expressed, in the alternative that Toll pay Mr Kojic a sum representing 26 weeks' remuneration.