National Road Transport Association (NatRoad) – application to register as a separate organisation [2017] NSWIRComm 1038

Industrial Relations Commission New South Wales Medium Neutral Citation: National Road Transport Association (NatRoad) – application to register as a separate organisation [2017] NSWIRComm 1038 Hearing dates: 3 April 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application by NatRoad for registration as an organisation of employers is dismissed Catchwords: APPLICATION FOR REGISTRATION BY NATROAD AS EMPLOYER ORGANISATION – transport industry – objections by TWU and ARTIO – majority of members of NatRoad in NSW are contract carriers or owner-drivers, not employers – industrial interests of owner-drivers align more closely with employee drivers than with employers in the transport industry – owner-driver members can outvote employer members by factor of 4 or 5 to 1 – NatRoad not capable of representing its employer members in connection with industrial matters – NatRoad not effectively representative of the members who are employers – application for registration as organisation of employers dismissed Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Commonwealth Powers) Act 2009 Corporations Act 2001 (Cth) Independent Contractors Act 2006 (Cth) Fair Work Act 2009 (Cth) Category: Principal judgment Parties: National Road Transport Association (NatRoad) – Applicant Transport Workers Union of New South Wales (TWU) – Objector Australian Road Transport Industrial Organisation NSW Branch (ARTIO) – Objector Representation: Counsel: Mr M Gibian (TWU)