Transport Workers’ Union of New South Wales v Hanson Construction Materials Pty Ltd [2021] NSWIRComm 1036

Transport Workers’ Union of New South Wales v Hanson Construction Materials Pty Ltd [2021] NSWIRComm 1036

On the evidence before the Commission, the damage to Mr Hillsley's vehicle was caused by the drive shaft to the PTO being installed out of specifications, and as such there is a question as to whether Hanson met its obligations under cl 12.2 of the Determination. However, the Commission found no power to make the interim contract determination or order payment, as sought by the applicant, under the current statutory provisions.

Parties
Notifier: Transport Workers' Union of New South Wales; Respondent: Hanson Construction Materials Pty Ltd
Jurisdiction
Australia
Judgment Date
22 April 2021
Procedural Posture
Industrial Dispute Notification / Hearing and Recommendation
Outcome
Recommendation made, interim contract determination declined, no enforceable order for payment made
Legal Topics
Contracts of Carriage, Contract Determination, Principal Contractor Liability, Vehicle Damage, Industrial Dispute
Employment and Industrial Law Contracts of Carriage Contract Determination Principal Contractor Liability Vehicle Damage Industrial Dispute

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Parties

Transport Workers' Union of New South Wales

Notifier

Hanson Construction Materials Pty Ltd

Respondent

Procedural Posture

Industrial Dispute Notification / Hearing and Recommendation

Legal Issues

  1. 1 Whether the principal contractor (Hanson) is responsible for damage to the truck caused by improper fitting of agitator
  2. 2 Whether an interim contract determination can or ought to be made permitting recovery for truck damage
  3. 3 Whether the terms of the Determination require Hanson to pay for the damages sustained

Ratio Decidendi

On the evidence before the Commission, the damage to Mr Hillsley's vehicle was caused by the drive shaft to the PTO being installed out of specifications, and as such there is a question as to whether Hanson met its obligations under cl 12.2 of the Determination. However, the Commission found no power to make the interim contract determination or order payment, as sought by the applicant, under the current statutory provisions.

Court Disposition

Recommendation made, interim contract determination declined, no enforceable order for payment made

Orders

  • It is recommended that Hanson Construction Materials Pty Limited pay to SJL Services Pty Limited the sum of $2,388.32 within 28 days.