Joondalup Transport Pty Ltd -v- Khalistan Transport Pty Ltd

Document Type: Order

Matter Number: RFT 3/2025

Matter Description: Dispute re outstanding payments

Industry: Road Transport

Jurisdiction: Road Freight Transport Industry Tribunal

Member/Magistrate name: Commissioner T Kucera

Delivery Date: 30 Jul 2025

Result: Order issued

Citation: 2025 WAIRC 00456

WAIG Reference:

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2025 WAIRC 00456
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 WEDNESDAY, 30 JULY 2025
FILE NO/S RFT 3 OF 2025
CITATION NO. 2025 WAIRC 00456

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 under the Owner-Drivers (Contracts and Disputes) Act 2007 (OD Act) and the Owner-Drivers (Contracts and Disputes) (Code of Conduct) Regulations 2010 (application);
AND WHEREAS the relief sought by the application was 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 for the work performed);
AND WHEREAS respondent failed to file a Form 4 Response to the application within the time prescribed by the Industrial Relations Commission Regulations 2005;
AND WHEREAS the Tribunal on 2 July 2025 issued a Form 17 Notice of Hearing listing the application for a ‘Show Cause Hearing’ to be held on Wednesday 30 July 2025 (show cause hearing);
AND WHEREAS the applicant appeared at the show cause hearing but there was no appearance by the respondent;
AND WHEREAS the Tribunal, during the show cause hearing heard evidence from David Sinagra on the following matters;
i. the terms of the owner-driver contract between the applicant and the respondent;

ii. the nature of the work the applicant performed for the respondent under the terms of the owner driver contract;

iii. the steps the applicant had taken to date recover the payment for the work performed;
AND WHEREAS the Tribunal is satisfied that payment for the work performed remains outstanding and that it is appropriate to make a default determination under section 38B(2) of the OD Act;
NOW THEREFORE, the Tribunal, pursuant to the powers vested in it under the OD Act and the Industrial Relations Act 1979 hereby 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.



COMMISSIONER T KUCERA



Joondalup Transport Pty Ltd -v- Khalistan Transport Pty Ltd

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 Wednesday, 30 July 2025

FILE NO/S RFT 3 OF 2025

CITATION NO. 2025 WAIRC 00456

 

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 under the Owner-Drivers (Contracts and Disputes) Act 2007 (OD Act) and the Owner-Drivers (Contracts and Disputes) (Code of Conduct) Regulations 2010 (application);

AND WHEREAS the relief sought by the application was 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 for the work performed);

AND WHEREAS respondent failed to file a Form 4 Response to the application within the time prescribed by the Industrial Relations Commission Regulations 2005;

AND WHEREAS the Tribunal on 2 July 2025 issued a Form 17 Notice of Hearing listing the application for a ‘Show Cause Hearing’ to be held on Wednesday 30 July 2025 (show cause hearing);

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

AND WHEREAS the Tribunal, during the show cause hearing heard evidence from David Sinagra on the following matters;

  1. the terms of the owner-driver contract between the applicant and the respondent;

 

  1. the nature of the work the applicant performed for the respondent under the terms of the owner driver contract;

 

  1. the steps the applicant had taken to date recover the payment for the work performed;

AND WHEREAS the Tribunal is satisfied that payment for the work performed remains outstanding and that it is appropriate to make a default determination under section 38B(2) of the OD Act;

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

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

 

  1. 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.

 

 

 

Commissioner T Kucera