Transport Industry – General Carriers Contract Determination 2017 [2017] NSWIRComm 1013

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Industry – General Carriers Contract Determination 2017 [2017] NSWIRComm 1013 Hearing dates: 15 March 2017 Date of orders: 15 March 2017 Decision date: 15 March 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: New contract determination made Catchwords: TRANSPORT INDUSTRY – New general contract determination – agreed model for determining costs – inclusion of margin in calculation – extension of coverage of determination – staggered introduction of new rates – model to be platform for future variations – new General Carriers Contract Determination made. CONTRACT DETERMINATIONS – principles applicable to making awards provide guidance for making and varying contract determinations. Legislation Cited: Industrial Relations Act 1996 ss.10, 17, 313, 316 Cases Cited: Re Building and Construction Industry State Award (2006) 158 IR 110 Re Butchers Wholesale (Cumberland) Award (1971) AR 425 Transport Industry - General Carriers Contract Determination [2016] NSWIRComm 3 Transport Industry – General Carriers Contract Determination – application for removal of Special Fuel Price Surcharge [2010] NSWIRComm 166 Category: Principal judgment Parties: Transport Workers' Union of NSW (applicant) Representation: Mr A Howell (counsel) applicant Mr N Ward - NSW Business chamber Ltd Mr R Grace – Master Builders Association Mr D Bray – Australian Industry Group Ms A Perigo (counsel) – Minister of Industrial Relations Mr M Moir (counsel) – TNT Australia Pty Limited Mr D Sloane – Toll Holdings Limited Mr M Baroni – Australian Road Transport Industry Organisation NSW Branch; Linfox Australia Limited Ms J McDonald – Australian Federation of Employers and Industries Ms A Ballard – National Road Transport Organisation File Number(s): 2016/24907