Laycock v J & C Independent Carriers Pty Ltd [2019] FCA 1060

Laycock v J & C Independent Carriers Pty Ltd [2019] FCA 1060

Opening and closing curtains and strapping/unstrapping loads do not fall within the scope of 'loading or unloading' as defined in the Road Transport (Long Distance Operations) Award 2010, except where unstrapping is necessary for unloading. The appellant was not entitled to the claimed allowance for these activities.

Parties
Appellant: Christopher Herbert Laycock; Respondent: J & C Independent Carriers Pty Ltd
Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Fair Work Act Allowances, Award Interpretation, Loading and Unloading Entitlement, Industrial Awards
Employment & Industrial Relations Fair Work Act Allowances Award Interpretation Loading and Unloading Entitlement Industrial Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Christopher Herbert Laycock

Appellant

J & C Independent Carriers Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether opening and closing curtains and strapping and unstrapping loads constitute 'loading and unloading' duties under the Road Transport (Long Distance Operations) Award 2010 entitling the appellant to an allowance

Ratio Decidendi

Opening and closing curtains and strapping/unstrapping loads do not fall within the scope of 'loading or unloading' as defined in the Road Transport (Long Distance Operations) Award 2010, except where unstrapping is necessary for unloading. The appellant was not entitled to the claimed allowance for these activities.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.