RJ Enterprises (Aust) Pty Ltd v Booth Transport Pty Ltd [2012] NSWIRComm 4

RJ Enterprises (Aust) Pty Ltd v Booth Transport Pty Ltd [2012] NSWIRComm 4

Contract carriers are entitled to be remunerated for all time and distance necessarily travelled, including when travelling empty or being present for loading/unloading, provided it is in relation to a contract of carriage with the principal contractor, as per the Transport Industry - General Carriers Contract Determination. Geographical coverage of the determination is to be construed by reference to the specific carriage in issue and is not negated by mixed or multi-drop runs. Lunch breaks are unpaid. Redundancy pay under the Redundancy (State) Contract Determination accrues only post-commencement but is calculated by reference to past service.

Parties
Applicant: RJ Enterprises Pty Ltd; Applicant: Wayne Stirling Pty Ltd; Applicant: Georgiev Transport Pty Ltd; Respondent: Booth Transport Pty Ltd; Respondent: General Carrying Pty Ltd; Respondent: Gregory's Transport Pty Ltd; Intervenor: Transport Workers' Union of New South Wales; Intervenor: Australian Roads Transport Industrial Organisation NSW Branch
Jurisdiction
Australia
Judgment Date
23 February 2012
Procedural Posture
Industrial Remuneration Dispute / Full Bench Determination on Referred Questions
Outcome
Each referred question answered; declaratory relief as to payment entitlements; costs reserved; directions for conferral on future conduct; liberty to apply.
Legal Topics
Contract Determinations, Contract of Carriage, Remuneration of Contract Carriers, Transport Industry, Geographical Boundaries, Redundancy Payments
Industrial Law Contract Determinations Contract of Carriage Remuneration of Contract Carriers Transport Industry Geographical Boundaries Redundancy Payments

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Parties

RJ Enterprises Pty Ltd

Applicant

Wayne Stirling Pty Ltd

Applicant

Georgiev Transport Pty Ltd

Applicant

Booth Transport Pty Ltd

Respondent

General Carrying Pty Ltd

Respondent

Gregory's Transport Pty Ltd

Respondent

Transport Workers' Union of New South Wales

Intervenor

Australian Roads Transport Industrial Organisation NSW Branch

Intervenor

Procedural Posture

Industrial Remuneration Dispute / Full Bench Determination on Referred Questions

Legal Issues

  1. 1 Whether time spent travelling empty counts as contract time for payment purposes under the Transport Industry - General Carriers Contract Determination
  2. 2 Entitlement to payment for contract carriers for all time and distance travelled in relation to a contract of carriage, including travelling empty and presence during loading/unloading or paperwork
  3. 3 Application of geographical limitations in the Contract Determination, particularly regarding the County of Cumberland and 50km radius

Ratio Decidendi

Contract carriers are entitled to be remunerated for all time and distance necessarily travelled, including when travelling empty or being present for loading/unloading, provided it is in relation to a contract of carriage with the principal contractor, as per the Transport Industry - General Carriers Contract Determination. Geographical coverage of the determination is to be construed by reference to the specific carriage in issue and is not negated by mixed or multi-drop runs. Lunch breaks are unpaid. Redundancy pay under the Redundancy (State) Contract Determination accrues only post-commencement but is calculated by reference to past service.

Court Disposition

Each referred question answered; declaratory relief as to payment entitlements; costs reserved; directions for conferral on future conduct; liberty to apply.

Orders

  • The questions referred for decision are answered as follows: 1) Time spent by Contract Carriers in travelling empty is to be properly regarded as falling within the definition of contract time if in relation to a contract of carriage. 2) Contract Carrier entitled to be paid for all time and distance travelled in...