Master Builders Association of Victoria v. The Australian Buildings Construction Employees & Builders Labourers Federation [1981] FCA 58

Master Builders Association of Victoria v. The Australian Buildings Construction Employees & Builders Labourers Federation [1981] FCA 58

Provision of a vehicle by the employer to an employee, free of charge, is 'provision of transport' within clause 16.6 even when the employee is required to drive it from home to work and return pursuant to his contract of employment. Further, time spent driving such a vehicle in those circumstances is considered 'working time' under clauses 17 and 19 of the Award.

Parties
Appellant (respondent): Master Builders Association of Victoria; Respondent (applicant): Australian Building Construction Employees and Builders Labourers Federation
Jurisdiction
Australia
Judgment Date
11 May 1981
Procedural Posture
Appeal as of Right, Application for Interpretation of Award Under S.110, Conciliation and Arbitration Act 1904 / Full Court Decision After Hearing, Judgment Delivered
Outcome
Appeal allowed. Interpretation set aside. New interpretation given.
Legal Topics
Interpretation of Award, Travel Time as Working Time, Provision of Transport, Jurisdiction and Powers of the Court
Industrial Law Interpretation of Award Travel Time as Working Time Provision of Transport Jurisdiction and Powers of the Court

Case Brief

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Parties

Master Builders Association of Victoria

Appellant (respondent)

Australian Building Construction Employees and Builders Labourers Federation

Respondent (applicant)

Procedural Posture

Appeal as of Right, Application for Interpretation of Award Under S.110, Conciliation and Arbitration Act 1904 / Full Court Decision After Hearing, Judgment Delivered

Legal Issues

  1. 1 Whether provision of a vehicle by the employer, free of charge, constitutes 'provision of transport' under clause 16.6 of the Building Construction Employees and Builders Labourers Award 1978 when the employee is required to drive from home to work and return
  2. 2 Whether the time spent driving such vehicle is 'working time' within the meaning of clauses 17 and 19

Ratio Decidendi

Provision of a vehicle by the employer to an employee, free of charge, is 'provision of transport' within clause 16.6 even when the employee is required to drive it from home to work and return pursuant to his contract of employment. Further, time spent driving such a vehicle in those circumstances is considered 'working time' under clauses 17 and 19 of the Award.

Court Disposition

Appeal allowed. Interpretation set aside. New interpretation given.

Orders

  • Appeal allowed and interpretation set aside.
  • Interpretation of clause 16.6: provision of a vehicle by the employer to an employee free of charge is provision of transport when the employee is required, pursuant to his contract, to drive from home to work and return.