Transport Industry - Car Carriers Contract Determination [2009] NSWIRComm 1092

Transport Industry - Car Carriers Contract Determination [2009] NSWIRComm 1092

Because the TWU and the AIG reached agreement on a consent variation that gave effect to annual adjustments under Schedule 2 and rectified unintended errors in the last gazetted variation, the Commission varied the Car Carriers Contract Determination in accordance with the document tendered as Exhibit 1.

Jurisdiction
Australia
Judgment Date
03 December 2009
Procedural Posture
Applications Under S.320 of the Industrial Relations Act, 1996 for Variation of the Transport Industry Car Carriers Contract Determination / Decision Following Conference and Hearing; Contract Determination Varied by Consent
Outcome
The Transport Industry - Car Carriers Contract Determination was varied by consent.
Legal Topics
['car Carriers' 'variation of Contract Determination' 'rates of Remuneration' 'schedule 2 Adjustment Formula' 'consent Variation']
['industrial Relations' 'transport Industry' 'contract Determinations'] ['car Carriers' 'variation of Contract Determination' 'rates of Remuneration' 'schedule 2 Adjustment Formula' 'consent Variation']

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Procedural Posture

Applications Under S.320 of the Industrial Relations Act, 1996 for Variation of the Transport Industry Car Carriers Contract Determination / Decision Following Conference and Hearing; Contract Determination Varied by Consent

Legal Issues

  1. 1 ['Whether the Transport Industry - Car Carriers Contract Determination should be varied in relation to rates of remuneration and Schedule 2.' 'Whether Schedule 2 should be altered to include fuel in the benchmark trigger point and confirm the rise and fall nature of interim adjustments.' 'Whether the agreed consent variation should be given effect.']

Ratio Decidendi

Because the TWU and the AIG reached agreement on a consent variation that gave effect to annual adjustments under Schedule 2 and rectified unintended errors in the last gazetted variation, the Commission varied the Car Carriers Contract Determination in accordance with the document tendered as Exhibit 1.

Court Disposition

The Transport Industry - Car Carriers Contract Determination was varied by consent.

Orders

  • ['The variation to the Car Carriers Contract Determination in accordance with Exhibit 1 shall have effect from the beginning of the first pay period to commence on or after Tuesday, 25 February, 2010.']