The Commission resolves disputes and sets conditions that apply to the transport industry in NSW. This includes making industry-wide contract determinations and approving contract agreements which set conditions for owner-drivers.
An eligible party can negotiate and enter into an agreement with a particular bailor or principal contractor, or an association that represents those groups. This is known as a ‘contract agreement’. It is similar to an enterprise agreement.
A contract agreement may be made between:9
an association of contract drivers and a bailor of a public vehicle, or an association of employing contractors representing bailors of public vehicles,
an association of contract carriers and a principal contractor, or an association of employing contractors, or
a group of carriers and a principal contractor, or an association of employing contractors.
The provisions of a contract agreement prevail over the provisions of any contract determination that deal with the same matters in respect of those who are bound by the agreement.10
The Industrial Registrar must publish certain details of each contract agreement approved by the Commission.11
An index of approved contract agreements can be found on the Commission website.
The Commission can, on application by an eligible party, resolve disputes and determine minimum terms and conditions for bailees or carriers.12 Such determinations are akin to an award.
The Commission may also make a contract determination in respect of the reinstatement of a contract of bailment or a contract of carriage that has been terminated.13 Applications for such determinations are akin to an unfair dismissal application.
A list of current contract determinations can be found on the Commission website.
Historical lists of contract determinations published from 1970 to 2000 can be found at the State Library of NSW, while contract determinations made since 2001 are searchable in the NSW Industrial Gazette.
More information on contract agreements and contract determinations is available on the Commission website.
9 Industrial Relations Act 1996 (NSW) ss 322(1)-(3).; 10 Industrial Relations Act 1996 (NSW) s327.; 11 Industrial Relations Act 1996 (NSW) s 331.; 12 Industrial Relations Act 1996 (NSW) ss 312 and 313.; 13 Industrial Relations Act 1996 (NSW) ss 314.
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