Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Industry General - General Carriers Contract Determination 2017 [2019] NSWIRComm 1053 Hearing dates: 18 July 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: The Transport Industry – General Carriers Contract Determination 2017 is varied in accordance with Schedule 1 to the Short Minutes of Order filed by the Transport Workers' Union of New South Wales on 5 August 2019 Catchwords: Transport Industry – application for variation of contract determination – rates of pay – no opposition to variation – variation made Legislation Cited: Industrial Relations Act 1996 (NSW) Category: Principal judgment Parties: Transport Workers' Union of New South Wales Australian Industry Group NSW Branch Toll Group TNT Australia Pty Ltd Linfox Australia Pty Ltd NSW Business Chamber Ltd Australian Road Transport Industrial Organisation NSW The Master Builders' Association of NSW Australian Federation of Employers and Industries John Fairfax Publications Pty Ltd Representation: G Webb & L Moctezuma (Transport Workers Union of New South Wales) D Bray (Australian Industry Group New South Wales Branch, Toll Group and TNT Australia Pty Ltd) M Baroni (Australian Road Transport Industry Organisation) R Kingston (New South Wales Business Chamber) V Lin (Australian Federation of Employers and Industries) File Number(s): 2019/00048046 Judgment 1. On 13 February 2009 the Transport Workers' Union of New South Wales (TWU) filed with the Industrial Registrar an application for variation (Application) to the Transport Industry – General Carriers Contract Determination 2017 (Contract Determination). The Application was made pursuant to section 320 of the Industrial Relations Act 1996 (NSW) (Act). 2. In accordance with section 315 of the Act the parties engaged in a number of conferences in an attempt to reach a consent position is respect to the variation to the Contract Determination. Those discussions were fruitful. 3. On 18 July 2019, the matter was listed for a hearing for determination by the Commission. At the hearing the parties helpfully gave submissions to the Commission with respect to the variation. 4. The variation sought by the TWU was not opposed by any of the Respondents who were represented in the matter. 5. During the hearing of 18 July 2019 I delivered an extempore judgement, finding that the variations should be made, taking into account sections 3 and 146 of the Act. 6. Having issued my decision on 18 July 2019 I made a direction providing for short minutes of orders to be settled by the parties and for those to be filed with the Commission by 25 July 2019. 7. The TWU filed with the Commission minutes of order which provided for the rescission of the Contract Determination and replacement with the Contract Determination reflecting the variations sought. At the request of the Commission, on 5 August 2019, the TWU additionally filed an order in the form of a variation order with the Commission that reflected the amendments sought before the Commission. 8. The Commission made this request so that the changes to the contract determination made by the variation could be easily understood and seen by any interested party in the future. 9. I am satisfied that it is appropriate that the Contract Determination be varied in accordance with the Orders I have made in this matter. Orders 1. I order that the Transport Industry – General Carriers Contract Determination 2017 is varied by making the amendments contained in Schedule 1 of the short minutes of order filed by the TWU on 5 August 2019 titled "Variations to the Transport Industry – General Carriers Contract Determination 2017". 2. I order that the Transport Industry – General Carriers Contract Determination 2017 is consolidated by replacing the current determination with the version contained in the Short Minutes of Order filed by the Transport Workers' Union of New South Wales on 30 July 2019. 3. This order shall take effect from 6 August 2019. Janine Webster Commissioner ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 06 August 2019