National Road Transport Association – application for exemption from the Transport Industry – General Carriers Interim Contract Determination [2016] NSWIRComm 1035

Industrial Relations Commission New South Wales Medium Neutral Citation: National Road Transport Association – application for exemption from the Transport Industry – General Carriers Interim Contract Determination [2016] NSWIRComm 1035 Hearing dates: 2 September 2016 Date of orders: 04 October 2016 Decision date: 04 October 2016 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application by the National Road Transport Association for exemption from and/or variation to the Transport Industry – General Carriers Interim Contract Determination is dismissed Catchwords: CONTRACT DETERMINATION – application for exemption by unregistered association – notices of motion seeking orders that the application be dismissed – application for the exercise of a function under Chapter 6 Part 2 may be made by a registered association – applicant is not a registered association – applicant lacks standing to make application – application dismissed Legislation Cited: Corporations Act 2011 (Cth) Industrial Arbitration Act 1940 Industrial Relations 1991 Industrial Relations Act 1996 Cases Cited: Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28) Category: Procedural and other rulings Parties: National Road Transport Association (Applicant, Respondent on the Motion) Transport Workers Union of New South Wales (Respondent, Applicant on the Motion) Australian Road Transport Industrial Organisation New South Wales (Respondent, Applicant on the Motion) Representation: Counsel: Mr M Gibian (Transport Workers Union of New South Wales)