Transport Workers' Union of New South Wales and DP World Sydney Limited [2013] NSWIRComm 58

Transport Workers' Union of New South Wales and DP World Sydney Limited [2013] NSWIRComm 58

The preconditions for the exercise of power under s 332 were not made out. Chapter 6 is confined to the regulation of contracts of carriage and bailment, and DPW was not a party to any contract of carriage or an interested party within s 332. Although DPW could be a "person" capable of assisting a compulsory conference, there was insufficient material to support a reasonable belief that any industrial dispute might lead carriers to breach contracts of carriage. There was also insufficient evidence that the principal contractors, ARTIO or SPC were parties to any industrial dispute with the contract carriers concerning DPW's policy.

Jurisdiction
Australia
Judgment Date
10 July 2013
Procedural Posture
Notification of a Dispute Under S 332 of the Industrial Relations Act 1996 / Applications by Respondents for Leave to Be Removed as Respondents to the Notification and Jurisdictional Objections
Outcome
Applications by the first, second, third, fourth, seventh and eighth respondents for leave to be removed as respondents to the Notification granted.
Legal Topics
['compulsory Conference Under S 332 of the Industrial Relations Act 1996' 'contracts of Carriage' 'contract Carriers' 'drug and Alcohol Policy at Port Botany' 'industrial Dispute Jurisdiction' 'removal of Respondents']
['industrial Relations' 'transport Law' 'work Health and Safety'] ['compulsory Conference Under S 332 of the Industrial Relations Act 1996' 'contracts of Carriage' 'contract Carriers' 'drug and Alcohol Policy at Port Botany' 'industrial Dispute Jurisdiction' 'removal of Respondents']

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Procedural Posture

Notification of a Dispute Under S 332 of the Industrial Relations Act 1996 / Applications by Respondents for Leave to Be Removed as Respondents to the Notification and Jurisdictional Objections

Legal Issues

  1. 1 ['Whether there was a relevant industrial dispute within s 332 of the Industrial Relations Act 1996.' 'Whether DP World Sydney Limited, principal contractors, Sydney Ports Corporation and Australian Road Transport Industrial Organisation were parties to any such dispute.' 'Whether s 332 permitted the Commission to summons persons who were not parties to contracts of carriage or bailment.' 'Whether there was sufficient material for a reasonable belief that the alleged dispute might lead contract carriers to breach contracts of carriage.']

Ratio Decidendi

The preconditions for the exercise of power under s 332 were not made out. Chapter 6 is confined to the regulation of contracts of carriage and bailment, and DPW was not a party to any contract of carriage or an interested party within s 332. Although DPW could be a "person" capable of assisting a compulsory conference, there was insufficient material to support a reasonable belief that any industrial dispute might lead carriers to breach contracts of carriage. There was also insufficient evidence that the principal contractors, ARTIO or SPC were parties to any industrial dispute with the contract carriers concerning DPW's policy.

Court Disposition

Applications by the first, second, third, fourth, seventh and eighth respondents for leave to be removed as respondents to the Notification granted.

Orders

  • ['The first, second, third, fourth, seventh and eighth respondents to the Notification are granted leave of the Commission to be removed as respondents to the Notification.']