Transport Workers Union of Australia (W.A Branch) v Boral Resources (WA) Ltd
Commissioner Kucera
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Transport Workers Union of Australia (W.A Branch)
Respondent: Boral Resources (WA) Ltd
Ratio
The Road Freight Transport Industry Tribunal issued directions by consent requiring the parties to exchange information regarding driving hours data, guideline rates and cost of operations, and vehicle classification, with a report-back conference scheduled for after 14 March 2025.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.8
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Dispute concerns alleged unconscionable conduct under s30(2)(i) of the OD Act
- Matter involves road freight transport industry
- Parties have nominated contractors for review of driving hours data
- Dispute involves classification of 8-wheeler vehicles and guideline rate spreadsheets
- Parties agreed to exchange information and documentation
Legislation referenced
- Industrial Relations Act 1979 (WA)
Concept tags · 2
Subsequent treatment · 1
Cited / considered· 1
Cited
(2025) 105 WAIG
WAIRC — Single Commissioner
— Direction HAVING heard from Mr L Slaney on behalf of the v Mr L Izzo of...
Archived text (223 words)
DISPUTE RE ALLEGED UNCONSCIONABLE CONDUCT UNDER S 30 (2)(I) OF THE OD ACT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Transport Workers Union of Australia (W.A Branch)
APPLICANT
-v-
Boral Resources (WA) Ltd
RESPONDENT
CORAM Commissioner T Kucera
DATE MONday, 24 February 2025
FILE NO. RFT 3 OF 2024, RFT 4 OF 2024
CITATION NO. 2025 WAIRC 00112
Result Direction issued
Representation
Applicant Mr L Slaney
Respondent Mr L Izzo (of counsel)
Direction
HAVING heard from Mr L Slaney on behalf of the applicant and Mr L Izzo of counsel on behalf of the respondent, the Road Freight Transport Industry Tribunal, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs by consent –
THAT the contractors are to provide a response to Boral’s driving hours data for the two nominated contractors by 14 March 2025.
THAT Boral is to provide a response to the contractors’ inputs regarding the Guideline Rate spreadsheet and updated cost of operations worksheet by 14 March 2025.
THAT the contractors are to provide a response to Boral’s position identified on 17 January 2025 regarding why the 8 wheelers should be classified as a Prime mover (haulier) 2 axles, 31.5 tonne GCM by 14 March 2025.
THAT the matter be listed for a report back conference via Zoom not before 14 March 2025.
Commissioner T Kucera