Construction Forestry Mining and Energy Union (Construction & General Division) v The Master Builders’ Group Training Scheme Inc [2007] FCA 435

Construction Forestry Mining and Energy Union (Construction & General Division) v The Master Builders’ Group Training Scheme Inc [2007] FCA 435

Clause 38 did not require payment of the travel patterns allowance for days when apprentices attended trade school. The allowance was directed to travel patterns and costs peculiar to construction work, particularly mobility between work sites, and trade school attendance did not fall within that purpose. In context, an apprentice attending trade school was not employed on work for the purposes of cl 38.1.2 and cl 38.10.1, notwithstanding that attendance was required by the employment and training arrangements and that apprentices were paid wages while attending.

Jurisdiction
Australia
Judgment Date
27 March 2007
Procedural Posture
Application Under S 848 of the Workplace Relations Act 1996 (cth) for Interpretation of Cl 38 of the National Building and Construction Industry Award 2000 and Related Breach and Penalty Relief / Final Reasons for Judgment and Orders After Hearing
Outcome
Leave granted to file and serve the amended application; amended application dismissed.
Legal Topics
['award Interpretation' 'apprentices' 'fares and Travel Patterns Allowance' 'trade School Attendance' 'training Contracts']
['industrial Law' 'employment Law'] ['award Interpretation' 'apprentices' 'fares and Travel Patterns Allowance' 'trade School Attendance' 'training Contracts']

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Procedural Posture

Application Under S 848 of the Workplace Relations Act 1996 (cth) for Interpretation of Cl 38 of the National Building and Construction Industry Award 2000 and Related Breach and Penalty Relief / Final Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether cl 38 of the National Building and Construction Industry Award 2000 entitled apprentices in South Australia to the fares and travel patterns allowance on days when they attended trade school.' 'Whether the respondent breached the award by failing to pay employee apprentices the cl 38 allowance for each day when those apprentices attended trade school.' 'Whether attendance by an apprentice at trade school fell within the meaning of being employed on or reporting for work for the purposes of cl 38.']

Ratio Decidendi

Clause 38 did not require payment of the travel patterns allowance for days when apprentices attended trade school. The allowance was directed to travel patterns and costs peculiar to construction work, particularly mobility between work sites, and trade school attendance did not fall within that purpose. In context, an apprentice attending trade school was not employed on work for the purposes of cl 38.1.2 and cl 38.10.1, notwithstanding that attendance was required by the employment and training arrangements and that apprentices were paid wages while attending.

Court Disposition

Leave granted to file and serve the amended application; amended application dismissed.

Orders

  • ['The applicant have leave to file and serve the amended application dated 28 September 2006.' 'The amended application be dismissed.']