Construction Forestry Mining & Energy Union (Construction & General Division) v The Master Builders Group Training Scheme Inc [2007] FCAFC 165

Construction Forestry Mining & Energy Union (Construction & General Division) v The Master Builders Group Training Scheme Inc [2007] FCAFC 165

An apprentice in South Australia attending trade school, as required under a contract of training, is not 'employed on work' within the meaning of clause 38 of the National Building and Construction Industry Award 2000. Consequently, the fares and travel patterns allowance is not payable for travel to trade school days.

Parties
Appellant: Construction Forestry Mining & Energy Union (Construction & General Division); Respondent: The Master Builders Group Training Scheme Inc
Jurisdiction
Australia
Judgment Date
26 October 2007
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Interpretation of Award, Apprenticeship, Allowances, Employment Contracts
Industrial Law Interpretation of Award Apprenticeship Allowances Employment Contracts

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Parties

Construction Forestry Mining & Energy Union (Construction & General Division)

Appellant

The Master Builders Group Training Scheme Inc

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether clause 38 of the National Building and Construction Industry Award 2000 entitles South Australian apprentices attending trade school to the fares and travel patterns allowance
  2. 2 Whether attending trade school constitutes being 'employed on work' within the meaning of the Award

Ratio Decidendi

An apprentice in South Australia attending trade school, as required under a contract of training, is not 'employed on work' within the meaning of clause 38 of the National Building and Construction Industry Award 2000. Consequently, the fares and travel patterns allowance is not payable for travel to trade school days.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.