TWU & Cement Australia Pty Ltd re increased engagement of outside hire [2015] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: TWU & Cement Australia Pty Ltd re increased engagement of outside hire [2015] NSWIRComm 1008 Hearing dates: 16 July 2014 Decision date: 12 May 2015 Jurisdiction: Industrial Court of NSW Before: Stanton C Decision: Application dismissed Catchwords: Industrial dispute – contract determination – whether Agreement confers preference of engagement to contract carriers – application for interpretation of s 175 of the Industrial Relations Act 1996 – powers of Commission – interpretation of industrial instrument – principles of interpretations – extrinsic materials – ambiguity. HELD extrinsic materials inadmissible – no ambiguity – Agreement does not confer preference of engagement – Union application dismissed. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Alcoa of Australia Ltd v the Australian Workers' Union [2012] FWA 9172 Amcor Ltd v Construction, Forestry, Mining and Energy Union; Minister for Employment and Workplace Relations v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Bryce v Apperley (1988) 82 IR 448 City of Wanneroo v Holmes (1989) 30 IR 362 Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337 New South Wales Fire Brigade Employees Union and New South Wales Brigades [2003] NSWIRComm 55 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm23 Rail Corporation New South Wales v Brown [2012] NSWCA 296 Toll (FGCT) Pty Limited v Alphapharm Pty Ltd (2004) 219 CLR 165 Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 Zoological Parks Board of New South Wales v The Australian Workers' Union, New South Wales (2004) 135 IR 56 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Notifier)