Transport Workers’ Union of New South Wales v NSW Couriers Pty Ltd t/a Aramex (Sydney) [2023] NSWIRComm 1013

Transport Workers’ Union of New South Wales v NSW Couriers Pty Ltd t/a Aramex (Sydney) [2023] NSWIRComm 1013

There is a contract of carriage between Aramex Sydney and its Courier Franchisees (CFs) as defined in s 309 of the Industrial Relations Act 1996 (NSW). The dominant purpose of the CF Deed and associated Manual is the transportation of goods, and the contracts establish enforceable obligations on CFs to transport goods for Aramex Sydney. Furthermore, Aramex Sydney is a principal contractor under s 310, having a central and controlling role and retaining the discretion to allocate work. Consequently, the Commission has jurisdiction under Chapter 6 of the Act to hear the industrial dispute.

Parties
Notifier/respondent in the Motion: Transport Workers' Union of New South Wales; Respondent/applicant in the Motion: NSW Couriers Pty Ltd t/a Aramex (Sydney)
Jurisdiction
Australia
Judgment Date
13 February 2023
Procedural Posture
Procedural Ruling/notice of Motion / Preliminary Jurisdictional Decision
Outcome
Notice of Motion dismissed
Legal Topics
Contract of Carriage, Principal Contractor, Jurisdiction Under Industrial Relations Act 1996 (nsw), Franchise Arrangements, Industrial Dispute Notification
Employment and Industrial Law Contract of Carriage Principal Contractor Jurisdiction Under Industrial Relations Act 1996 (nsw) Franchise Arrangements Industrial Dispute Notification

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Parties

Transport Workers' Union of New South Wales

Notifier/respondent in the Motion

NSW Couriers Pty Ltd t/a Aramex (Sydney)

Respondent/applicant in the Motion

Procedural Posture

Procedural Ruling/notice of Motion / Preliminary Jurisdictional Decision

Legal Issues

  1. 1 Whether the arrangements between Aramex Sydney and Courier Franchisees (CFs) constitute a contract of carriage under s 309 of the Industrial Relations Act 1996 (NSW)
  2. 2 Whether Aramex Sydney is a principal contractor under s 310 of the Act
  3. 3 Whether the Commission has jurisdiction in respect of the dispute

Ratio Decidendi

There is a contract of carriage between Aramex Sydney and its Courier Franchisees (CFs) as defined in s 309 of the Industrial Relations Act 1996 (NSW). The dominant purpose of the CF Deed and associated Manual is the transportation of goods, and the contracts establish enforceable obligations on CFs to transport goods for Aramex Sydney. Furthermore, Aramex Sydney is a principal contractor under s 310, having a central and controlling role and retaining the discretion to allocate work. Consequently, the Commission has jurisdiction under Chapter 6 of the Act to hear the industrial dispute.

Court Disposition

Notice of Motion dismissed

Orders

  • The Notice of Motion is dismissed.
  • The matter is listed for conciliation in person at 10 am on 23 February 2023.