Transport Workers’ Union of New South Wales v Conco Construction Services Pty Ltd [2020] NSWIRComm 1054

Transport Workers’ Union of New South Wales v Conco Construction Services Pty Ltd [2020] NSWIRComm 1054

The Commission was satisfied that each Carrier had a contract of carriage with Conco Construction Services Pty Limited, that the TWU had standing to bring the dispute, and that Conco had adequate notice and an opportunity to be heard despite failing to appear. Applying the Transport Industry – Excavated Materials, Contract Determination, the Carriers were owed $2,801.43 in total. The requirements of s 380 were met because the application was made by an industrial organisation against a party to the proceedings with adequate notice, so orders for payment were made, with payment to be made to the TWU under s 378(2).

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Industrial Dispute Notification Concerning Contract Carriers and an Application for Payment Orders / Ex Tempore Principal Judgment After Conco Construction Services Pty Limited Failed to Appear at the Hearing
Outcome
Orders made requiring Conco Construction Services Pty Limited to make payments to the three Carriers, with payment to be made to the Transport Workers' Union of New South Wales within 14 days; no costs order made at that time.
Legal Topics
['industrial Disputes' 'dispute Orders' 'contract Carriers' 'transport Industry – Excavated Materials, Contract Determination' 'orders for Payment of Money' 'small Claims During Commission Hearings']
['employment and Industrial Law' 'industrial Relations'] ['industrial Disputes' 'dispute Orders' 'contract Carriers' 'transport Industry – Excavated Materials, Contract Determination' 'orders for Payment of Money' 'small Claims During Commission Hearings']

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Procedural Posture

Industrial Dispute Notification Concerning Contract Carriers and an Application for Payment Orders / Ex Tempore Principal Judgment After Conco Construction Services Pty Limited Failed to Appear at the Hearing

Legal Issues

  1. 1 ['Whether the Commission had jurisdiction to hear and determine the dispute between the TWU, the Carriers and Conco Construction Services Pty Limited.' 'Whether Conco Construction Services Pty Limited owed amounts to Dewstow Contracting Services Pty Ltd, K & K Wheeler Pty Ltd and MJML Pty Ltd under the Transport Industry – Excavated Materials, Contract Determination.' 'Whether an order for payment could be made under s 380 of the Industrial Relations Act 1996 (NSW).' "Whether payment should be made to the Transport Workers' Union of New South Wales under s 378(2) of the Industrial Relations Act 1996 (NSW)." 'Whether a costs order should be made under s 373 of the Industrial Relations Act 1996 (NSW).']

Ratio Decidendi

The Commission was satisfied that each Carrier had a contract of carriage with Conco Construction Services Pty Limited, that the TWU had standing to bring the dispute, and that Conco had adequate notice and an opportunity to be heard despite failing to appear. Applying the Transport Industry – Excavated Materials, Contract Determination, the Carriers were owed $2,801.43 in total. The requirements of s 380 were met because the application was made by an industrial organisation against a party to the proceedings with adequate notice, so orders for payment were made, with payment to be made to the TWU under s 378(2).

Court Disposition

Orders made requiring Conco Construction Services Pty Limited to make payments to the three Carriers, with payment to be made to the Transport Workers' Union of New South Wales within 14 days; no costs order made at that time.

Orders

  • ['Pursuant to s 380 of the Industrial Relations Act 1996 (NSW), Conco Construction Services Pty Limited is to make payments to Dewstow Contracting Services Pty Ltd of $915.83 including GST, to K & K Wheeler Pty Ltd of $915.83 including GST, and to MJML Pty Ltd of $969.77 including GST.' "Pursuant to s 378(2) of the...