Application by Transport Workers’ Union of New South Wales for a Variation to the Transport Industry – General Carriers Contract Determination 2017 (Tolls and Charges) [2021] NSWIRComm 1009

Application by Transport Workers’ Union of New South Wales for a Variation to the Transport Industry – General Carriers Contract Determination 2017 (Tolls and Charges) [2021] NSWIRComm 1009

The proposed replacement cl 25 was the product of considerable consideration and negotiation, was consented to or not opposed, and would set fair and reasonable conditions for contract carriers; the requirements of the Industrial Relations Act 1996 (NSW) were met, so the variation was appropriate, with an operative...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 February 2021
Procedural Posture
Application to Vary a Contract Determination / Ex Tempore Decision and Orders
Outcome
Application granted; the Transport Industry – General Carriers Contract Determination 2017 was varied.
Legal Topics
['contract Determinations' 'variation of Contract Determination' 'transport Industry' 'tolls and Charges' 'contract Carriers']
['employment and Industrial Law'] ['contract Determinations' 'variation of Contract Determination' 'transport Industry' 'tolls and Charges' 'contract Carriers']

Source-derived case record

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Procedural Posture

Application to Vary a Contract Determination / Ex Tempore Decision and Orders

Legal Issues

  1. 1 ["Whether the Transport Industry – General Carriers Contract Determination 2017 should be varied by replacing existing cl 25 with the clause contained in Item 2 of Schedule B to the TWU's Further Amended Application for Variation to a Contract Determination filed on 2 February 2021." 'The date on which the variation should take effect.']

Ratio Decidendi

The proposed replacement cl 25 was the product of considerable consideration and negotiation, was consented to or not opposed, and would set fair and reasonable conditions for contract carriers; the requirements of the Industrial Relations Act 1996 (NSW) were met, so the variation was appropriate, with an operative date of 15 March 2021.

Court Disposition

Application granted; the Transport Industry – General Carriers Contract Determination 2017 was varied.

Orders

  • ["The Transport Industry – General Carriers Contract Determination 2017 be varied by replacing the existing cl 25 with the clause contained in Item 2 of Schedule B to the TWU's Further Amended Application for Variation to a Contract Determination filed on 2 February 2021." 'This order is to take effect on 15 March...