Application for Variations to Transport Industry – General Carriers Contract Determination 2017 [2022] NSWIRComm 1029

Application for Variations to Transport Industry – General Carriers Contract Determination 2017 [2022] NSWIRComm 1029

The Commission was satisfied that the proposed variations to the Determination would result in fair and reasonable conditions for the contract carriers to which it applies, and that it was an appropriate exercise of discretion to give effect to the variations by consent.

Jurisdiction
Australia
Judgment Date
12 April 2022
Procedural Posture
Application Under S 320 of the Industrial Relations Act 1996 to Vary the Transport Industry – General Carriers Contract Determination 2017 / Ex Tempore Decision on Consent Variations
Outcome
Orders made in accordance with the Short Minutes of Order filed on 12 April 2022; proceedings remain open for any further application.
Legal Topics
['contracts of Carriage' 'variation to Contract Determination' 'running Rates' 'temporary Fuel Surcharge']
['employment and Industrial Law'] ['contracts of Carriage' 'variation to Contract Determination' 'running Rates' 'temporary Fuel Surcharge']

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Procedural Posture

Application Under S 320 of the Industrial Relations Act 1996 to Vary the Transport Industry – General Carriers Contract Determination 2017 / Ex Tempore Decision on Consent Variations

Legal Issues

  1. 1 ['Whether the Transport Industry – General Carriers Contract Determination 2017 should be varied to update running rates in light of the recent and sudden exponential increase in the price of diesel fuel.' 'Whether the proposed variations would result in fair and reasonable conditions for the contract carriers to which the Determination applies.']

Ratio Decidendi

The Commission was satisfied that the proposed variations to the Determination would result in fair and reasonable conditions for the contract carriers to which it applies, and that it was an appropriate exercise of discretion to give effect to the variations by consent.

Court Disposition

Orders made in accordance with the Short Minutes of Order filed on 12 April 2022; proceedings remain open for any further application.

Orders

  • ['Orders made in accordance with the Short Minutes of Order filed by the TWU on 12 April 2022.' 'The orders are anticipated to take effect on 18 April 2022.' 'The matter will remain open pending any further application that a party wishes to make.' 'The matter will be listed for report back at an appropriate time in...