DISPUTE RE ALLEGED CONTRAVENTION OF THE OWNERS-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007

IN THE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

SITTING AS

THE ROAD FREIGHT TRANSPORT INDUSTRY TRIBUNAL

PARTIES Joondalup Transport Pty Ltd

APPLICANT

-v-

Khalistan Transport Pty Ltd

RESPONDENT

CORAM Commissioner T Kucera

DATE FRIDAY, 26 SEPTEMBER 2025

FILE NO/S RFT 3 OF 2025

CITATION NO. 2025 WAIRC 00810

Result Order issued

Representation

Applicant Transport Workers’ Union of Australia, Industrial Union of Workers WA Branch

Respondent No Appearance

Order

WHEREAS the applicant on 16 May 2025, filed a Form 7 – Referral to the Road Freight Transport Industry Tribunal (Tribunal) under the Owner-Drivers (Contracts and Disputes) Act 2007 (WA) (OD Act) and the Owner-Drivers (Contracts and Disputes) (Code of Conduct) Regulations 2010 (WA) (application);

AND WHEREAS the relief sought by the application included an order for payment for work performed under the terms of an owner-driver contract, between the applicant and the respondent in the amount of $14,844.50 (inclusive of GST) (payment amount);

WHEREAS the Tribunal on 30 July 2025 pursuant to the powers vested in it under the OD Act and the IR Act in [2025] WAIRC 00456 made the following ORDERS –

1. THAT the respondent pay the applicant the sum of $14,844.50.

2. THAT the hearing of the application in relation to the balance of the relief sought by the applicant is adjourned to a date to be fixed.

AND WHEREAS the applicant on 10 September 2025 made a request to the Tribunal to relist the application for further hearing; 

AND WHEREAS the Tribunal on 12 September 2025 issued a Form 17 - Notice of Hearing, listing the application for a ‘Hearing’ to be held on 26 September 2025 (further hearing);

AND WHEREAS the applicant prior to the further hearing, filed and served an Outline of Submissions in support of the making of an order requiring the respondent to pay interest in accordance with Schedule 1 Division 2 of the OD Act (payment of interest);

AND WHEREAS the applicant appeared at the further hearing but there was no appearance by the respondent;

AND WHEREAS the Tribunal is satisfied the payment amount remains outstanding and that it is appropriate to make an order under section 47A of the OD Act, requiring the payment of interest;

NOW THEREFORE, the Tribunal, pursuant to the powers vested in it under the OD Act and the Industrial Relations Act 1979 (WA) hereby ORDERS –

THAT the respondent pay the applicant the further sum of $492.88.

Commissioner T Kucera