Interim Transport Industry - Courier and Taxi Truck Contract Determination [2010] NSWIRComm 51

Interim Transport Industry - Courier and Taxi Truck Contract Determination [2010] NSWIRComm 51

Section 173 of the Industrial Relations Act 1996 applies to proceedings under Pt 2 of Ch 6 of the Act; the hearing of a strike out application does not constitute the commencement of arbitration within the meaning of s 173; the right to object under s 173 was available and should have been upheld.

Source-derived case information.

Parties
Appellant: Transport Workers Union of New South Wales; First Respondent: Courier and Taxi Truck Association; Second Respondent: Australian Business Industrial; Third Respondent: Australian Federation of Employers; Fourth Respondent: CLC Deliveries; Fifth Respondent: Crisis Couriers; Sixth Respondent: Mail Call Couriers; Seventh Respondent: NSW Road Transport Association Inc (In Liq)
Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Appeal / Full Bench Decision on Interlocutory Appeal Against Refusal to Disqualify Member Under S 173 Industrial Relations Act 1996
Outcome
Appeal upheld; first instance decision quashed and set aside; application under s 173 granted; remitted for re-allocation
Legal Topics
Arbitration, Disqualification of Commission Member, Application of S 173 Industrial Relations Act 1996, Interpretation of Industrial Relations Act 1996
Industrial Law Arbitration Disqualification of Commission Member Application of S 173 Industrial Relations Act 1996 Interpretation of Industrial Relations Act 1996

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Parties

Transport Workers Union of New South Wales

Appellant

Courier and Taxi Truck Association

First Respondent

Australian Business Industrial

Second Respondent

Australian Federation of Employers

Third Respondent

CLC Deliveries

Fourth Respondent

Crisis Couriers

Fifth Respondent

Mail Call Couriers

Sixth Respondent

NSW Road Transport Association Inc (In Liq)

Seventh Respondent

Procedural Posture

Appeal / Full Bench Decision on Interlocutory Appeal Against Refusal to Disqualify Member Under S 173 Industrial Relations Act 1996

Legal Issues

  1. 1 Does s 173 of the Industrial Relations Act 1996 apply to proceedings under Part 2 of Chapter 6 of the Act?
  2. 2 Did arbitration about 'the matter' before the Commission commence prior to the s 173 application?
  3. 3 Does the determination of an interlocutory application (strike out as frivolous/vexatious) constitute commencement of arbitration?

Ratio Decidendi

Section 173 of the Industrial Relations Act 1996 applies to proceedings under Pt 2 of Ch 6 of the Act; the hearing of a strike out application does not constitute the commencement of arbitration within the meaning of s 173; the right to object under s 173 was available and should have been upheld.

Court Disposition

Appeal upheld; first instance decision quashed and set aside; application under s 173 granted; remitted for re-allocation

Orders

  • Leave to appeal is granted.
  • The appeal is upheld.