TWU v P & O TRANS AUSTRALIA PTY LTD [2002] NSWIRComm 19

TWU v P & O TRANS AUSTRALIA PTY LTD [2002] NSWIRComm 19

In view of the rapid and severe adverse impact on the LODs following P & O’s restructure and the insufficient amelioration of hardship by the proposed safety net, an interim contract determination is justified to protect the fairness of contractual relations and allow LODs a short period of stability; the public interest is engaged to ensure even-handed conduct in the context of business restructuring affecting ongoing working relationships.

Jurisdiction
Australia
Judgment Date
19 February 2002
Procedural Posture
Dispute Proceedings / Interim Application
Outcome
interim contract determination granted
Legal Topics
['contract Carriers' 'interim Contract Determination' 'work Allocation' 'business Restructure']
['industrial Law'] ['contract Carriers' 'interim Contract Determination' 'work Allocation' 'business Restructure']

Case Brief

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Procedural Posture

Dispute Proceedings / Interim Application

Legal Issues

  1. 1 ['Whether an interim contract determination should be made under s.332(5) Industrial Relations Act 1996 following the restructure and alleged reduction in work for contract carriers']

Ratio Decidendi

In view of the rapid and severe adverse impact on the LODs following P & O’s restructure and the insufficient amelioration of hardship by the proposed safety net, an interim contract determination is justified to protect the fairness of contractual relations and allow LODs a short period of stability; the public interest is engaged to ensure even-handed conduct in the context of business restructuring affecting ongoing working relationships.

Court Disposition

interim contract determination granted

Orders

  • ['P & O Trans Australia Pty Ltd to allocate to the eleven contract carriers subject to its safety net proposal such work as would have been done by them but for the acquisition and merger with Smith Brothers, excluding work done by three LODs with specialised equipment or unique client relationships. Determination...