Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination, Re [2006] NSWIRComm 30

Transport Industry - Mutual Responsibility for Road Safety (State) Award and Contract Determination, Re [2006] NSWIRComm 30

It was not appropriate at this preliminary stage to determine jurisdictional objections because the employers' arguments, even if correct, would not dispose of the substantive proceedings in their entirety and involve issues better assessed at final hearing on the basis of all evidence.

Parties
Applicant on Notice of Motion: New South Wales Road Transport Association Inc; Applicant on Notice of Motion: Australian Business Industrial; Applicant on Notice of Motion: Employers First; Applicant on Notice of Motion: Australian Retailers Association of New South Wales; Applicant on Notice of Motion: Boral Group of Companies; Party: Aldi Stores (A Limited Partnership); Party: Toll Pty Ltd; Respondent to Notice of Motion: Transport Workers' Union of New South Wales; Intervener: Minister for Industrial Relations
Jurisdiction
Australia
Judgment Date
20 February 2006
Procedural Posture
Interlocutory Application / Application for Dismissal of Proceedings at Preliminary Stage
Outcome
motion dismissed
Legal Topics
Contracts of Carriage, Industrial Awards, Jurisdiction of Industrial Relations Commission, Road Transport Safety, Contract Determinations
Industrial Law Employment Law Contracts of Carriage Industrial Awards Jurisdiction of Industrial Relations Commission Road Transport Safety Contract Determinations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

New South Wales Road Transport Association Inc

Applicant on Notice of Motion

Australian Business Industrial

Applicant on Notice of Motion

Employers First

Applicant on Notice of Motion

Australian Retailers Association of New South Wales

Applicant on Notice of Motion

Boral Group of Companies

Applicant on Notice of Motion

Aldi Stores (A Limited Partnership)

Party

Toll Pty Ltd

Party

Transport Workers' Union of New South Wales

Respondent to Notice of Motion

Minister for Industrial Relations

Intervener

Procedural Posture

Interlocutory Application / Application for Dismissal of Proceedings at Preliminary Stage

Legal Issues

  1. 1 Whether the Commission has jurisdiction at a preliminary stage to strike out an application for a new award and contract determination on jurisdictional grounds
  2. 2 Whether certain provisions sought by the TWU are beyond the power of the Commission under s 313 of the Industrial Relations Act 1996

Ratio Decidendi

It was not appropriate at this preliminary stage to determine jurisdictional objections because the employers' arguments, even if correct, would not dispose of the substantive proceedings in their entirety and involve issues better assessed at final hearing on the basis of all evidence.

Court Disposition

motion dismissed

Orders

  • Employer respondents' notice of motion dismissed.