Applications to vary the Transport Industry – General Carriers Contract Determination 2017 and Transport Industry – Courier and Taxi Truck Contract Determination [2022] NSWIRComm 1003

Applications to vary the Transport Industry – General Carriers Contract Determination 2017 and Transport Industry – Courier and Taxi Truck Contract Determination [2022] NSWIRComm 1003

Having regard to the Commission's involvement in the proceedings, the parties' submissions and evidence, the proposed variations to the GCCD and CTTCD would result in fair and reasonable conditions for the contract carriers to whom they apply, making it appropriate to exercise the discretion under s 320 to give effect to the consent position. Because the proposed rates include a component to compensate contract carriers for superannuation, it was appropriate to rescind the CTTSCD.

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Applications to Vary and Rescind Transport Industry Contract Determinations Under the Industrial Relations Act 1996 / Ex Tempore Decision on Consent Position
Outcome
Applications granted on consent; the GCCD and CTTCD were varied and the CTTSCD was rescinded, with orders taking effect on 1 March 2022.
Legal Topics
['contracts of Carriage' 'variation of Contract Determinations' 'rescission of Contract Determination' 'minimum Rates of Remuneration' 'fair and Reasonable Conditions' 'public Interest']
['employment and Industrial Law' 'industrial Relations'] ['contracts of Carriage' 'variation of Contract Determinations' 'rescission of Contract Determination' 'minimum Rates of Remuneration' 'fair and Reasonable Conditions' 'public Interest']

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Procedural Posture

Applications to Vary and Rescind Transport Industry Contract Determinations Under the Industrial Relations Act 1996 / Ex Tempore Decision on Consent Position

Legal Issues

  1. 1 ['Whether the Transport Industry – General Carriers Contract Determination 2017 should be varied to include rates for light vehicles and align with the Transport Industry – Courier and Taxi Truck Contract Determination.' 'Whether the Transport Industry – Courier and Taxi Truck Contract Determination should be varied to increase rates and amend related provisions.' 'Whether the Transport Industry – Courier and Taxi Truck (Superannuation) Contract Determination should be rescinded.' "Whether the consent position produced fair and reasonable conditions and was an appropriate exercise of the Commission's discretion under s 320 of the Industrial Relations Act 1996."]

Ratio Decidendi

Having regard to the Commission's involvement in the proceedings, the parties' submissions and evidence, the proposed variations to the GCCD and CTTCD would result in fair and reasonable conditions for the contract carriers to whom they apply, making it appropriate to exercise the discretion under s 320 to give effect to the consent position. Because the proposed rates include a component to compensate contract carriers for superannuation, it was appropriate to rescind the CTTSCD.

Court Disposition

Applications granted on consent; the GCCD and CTTCD were varied and the CTTSCD was rescinded, with orders taking effect on 1 March 2022.

Orders

  • ['Pursuant to s 320 of the Industrial Relations Act 1996, the Transport Industry – General Carriers Contract Determination 2017 be varied in accordance with Appendix A to the Submissions of NSW Business Chamber Limited dated 17 February 2022 (Exhibit NSWBC 1).' 'Pursuant to s 320 of the Industrial Relations Act...