Transport Workers’ Union of NSW v Veolia Environmental Services (Australia) Pty Ltd [2015] NSWIRComm 1009

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of NSW v Veolia Environmental Services (Australia) Pty Ltd [2015] NSWIRComm 1009 Hearing dates: 30 April 2015 Decision date: 15 May 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application for Orders dismissed Catchwords: Transport industry – notification of dispute pursuant to s.332 of Industrial Relations Act 1996 – claim of obligation to pay monies pursuant to Transport Industry - Redundancy (State) Contract Determination – no proceedings seeking payment before Commission - orders by way of declaration sought – Commission lacks power to make orders sought – Commission cannot interpret industrial instruments other than in connection with a matter before it - application for declaratory relief dismissed – dispute earlier unsuccessfully conciliated before Commission – Commission has no power to act further in relation to the dispute – file closed. Legislation Cited: Industrial Relations Act 1996 s.175, 332 Transport Industry - Redundancy (State) Contract Determination Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v BlueScope Steel (AIS) Pty Limited [2011] NSWIRComm 1049 Kellogg (Australia) Pty Limited v National Union of Workers (1998) 89 IR 391 Category: Principal judgment Parties: Transport Workers' Union of NSW – applicant Veolia Environmental Services (Australia) Pty Ltd – respondent Representation: Mr T Warnes (Transport Workers' Union of NSW) – applicant Mr J V Murphy (counsel) – respondent Solicitors: M+K Lawyers, solicitors – respondent File Number(s): IRC 713 of 2014