Transport Workers’ Union of NSW o/b Gazounas v Toll Transport Pty Ltd [2015] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of NSW o/b Gazounas v Toll Transport Pty Ltd [2015] NSWIRComm 1018 Hearing dates: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application for interim determination dismissed Catchwords: APPLICATION FOR INTERIM DETERIMNATION - interim determination of reinstatement sought – application distinct from application pursuant to s.314 - relief in nature of injunctive relief – tests PUBLIC INTEREST – statutory injection distinct from equitable injection – public interest must lie for interim determination to be made – public interest wider than interests of parties – no public interest in termination of contract – determination refused STATUTORY INTERPRETATION – s.332(5) not designed to deal with terminations of contracts of carriage - s.314 a comprehensive code for dealing with terminations of contracts of carriage Legislation Cited: Industrial Relations Act 1996 s.84, 89, 130, 314, 332(5) Cases Cited: Adler v George [1964] 2 QB 7 Australian Insurance Employees' Union Ex parte Academy Insurance, 28 IR 214 Kellogg Onshore Offshore Certified Agreement, 139 IR 34 Morrison v Chevalley No.2, [2010] NSWIRCom 167 Category: Principal judgment Parties: Transport Workers' Union of NSW o/b Mr Con Gatzounas (applicant) Toll Transport Pty Ltd (respondent) Representation: Mr A Guy, solicitor (applicant) Mr M Sloan (respondent) File Number(s): IRC 549 of 2015