Contract agreements, contract determinations and industrial dispute resolution

The Industrial Relations Commission of New South Wales (Commission) has jurisdiction with respect to contracts of bailment and contracts of carriage under Chapter 6 of the Industrial Relations Act 1996 (NSW) (IR Act). Such contracts are legally enforceable agreements between two or more parties that can be made in writing, verbally, partly written or partly verbal. ¹

The object of these provisions is to promote fair and efficient arrangements for contracts of carriage and contracts of bailment, and to promote fair and efficient arrangements in contractual chains affecting contracts of carriage and contracts of bailment ²

What is a contract of bailment?

A contract of bailment is a contract under which:

• a taxi is bailed to a person to enable the driver to ply for hire; or
• a hire vehicle is bailed to a person or driver to transport passengers. ³

See Taxi Industry (Contract Drivers) Contract Determination, 1984.

What is a contract of carriage?

A contract of carriage is a contract between a principal contractor⁴ and a carrier described in section 309 of the IR Act who owns and operates a vehicle or bicycle for the transportation of goods in NSW. ⁵

 ^{1 Industrial Relations Act 1996 (NSW) s 309(1).; 2 Ibid s 305A; 3 Ibid s 307; Taxi Industry (Contract Drivers) Contract Determination, 1984; 4 Ibid s 310.; 5 Ibid s 309(1).}