IRC 271 of 2014 - Transport Workers' Union of New South Wales (on behalf of Jay Hornsey) and Langmana Pty Ltd trading as Barnetts Couriers and IRC 328 of 2014 - Transport Workers' Union of New South Wales (on behalf of Jay Peter Hornsey) and Langmana Pty Ltd and others [2015] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: IRC 271 of 2014 - Transport Workers' Union of New South Wales (on behalf of Jay Hornsey) and Langmana Pty Ltd trading as Barnetts Couriers and IRC 328 of 2014 - Transport Workers' Union of New South Wales (on behalf of Jay Peter Hornsey) and Langmana Pty Ltd and others [2015] NSWIRComm 1025 Hearing dates: 29 January 2015 and 17 March 2015 Decision date: 01 December 2015 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Applications dismissed Catchwords: Application under s 213 of the Industrial Relations Act 1996 (the Act) - applicant alleged he was victimised by the respondents pursuant to ss 210(1)(a), 210(1)(d) and 210(1)(g) - alleged contract of carriage terminated by respondents - meaning of victimisation considered - respondents' conduct not a substantial and operative cause of applicant's situation - application dismissed.

Application under s 314 of the Industrial Relations Act 1996 (the Act) - applicant alleged termination of contract of carriage - alleged termination harsh, unjust and unreasonable - jurisdiction considered - jurisdiction not enlivened - no termination by the respondents - contract brought to an end by the conduct of the applicant himself - application dismissed. Legislation Cited: Industrial Relations Act 1996 Fair Work Act 2009 Cases Cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay and Another (2012) 290 ALR 647 Cherry v Allied Express Transport (1997) 73 IR 305 Graham Davis v Amalgamated Television Services Pty Ltd [1998] NSWIRComm 289 Public Service Association of New South Wales v Teterycz [1997] NSWIRComm 159 Transport Workers' Union of New South Wales (on behalf of Darren Roger Bargwanna) and Robar Enterprises Pty Ltd (ACN 108 640 517) [2013] NSWIRComm 84 Twentieth Superpace Nominees Pty Ltd (t/a Specialised Container Transport) and Transport Workers' Union of New South Wales (on behalf of Steve Purdy) [2006] NSWIRComm 218 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (the Union)