Fair Work Ombudsman v Crystal Carwash Cafe Pty Ltd [2013] FCA 1396

Fair Work Ombudsman v Crystal Carwash Cafe Pty Ltd [2013] FCA 1396

On the agreed facts, the services offered by the first respondent, including washing, polishing, vacuuming, cleaning windows, chemdrying mats, chemical treatment of parts of vehicles and leather conditioning, were concerned with or connected with maintaining motor vehicles. The word "maintaining" in cl 4.1(a) of the Award includes maintaining the ordinary appearance and cleanliness of motor vehicles and is not confined to mechanical serviceability. The first respondent's establishments and undertakings were therefore principally connected or concerned with maintaining motor vehicles, so the Award applies to the employment of the employees in question.

Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Industrial Law Proceeding Concerning Alleged Contraventions of the Vehicle Manufacturing, Repair, Services and Retail Award 2010 and Fair Work Act 2009 (cth) / Preliminary Determination of Whether the Award Applies; Matter Listed for Directions
Outcome
The Court determined that the Vehicle Manufacturing, Repair, Services and Retail Award 2010 applies to the employment by the first respondent of the employees in question; the matter was to be re-listed for directions for a timetable for further hearing.
Legal Topics
['modern Award Coverage' 'vehicle Manufacturing, Repair, Services and Retail Award 2010' 'car Wash Employees' 'construction of Award Term "maintaining"' 'fair Work Act Penalties and Underpayments']
['industrial Law' 'employment Law'] ['modern Award Coverage' 'vehicle Manufacturing, Repair, Services and Retail Award 2010' 'car Wash Employees' 'construction of Award Term "maintaining"' 'fair Work Act Penalties and Underpayments']

Case Brief

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Procedural Posture

Industrial Law Proceeding Concerning Alleged Contraventions of the Vehicle Manufacturing, Repair, Services and Retail Award 2010 and Fair Work Act 2009 (cth) / Preliminary Determination of Whether the Award Applies; Matter Listed for Directions

Legal Issues

  1. 1 ["Whether the Vehicle Manufacturing, Repair, Services and Retail Award 2010 applies to employees of the first respondent's carwash and café business." "Whether the first respondent's establishments or undertakings are principally connected or concerned with maintaining motor vehicles within cl 4.1(a) of the Award." 'Whether car washing and related detailing services constitute maintaining motor vehicles for the purposes of cl 4.1(a) of the Award.']

Ratio Decidendi

On the agreed facts, the services offered by the first respondent, including washing, polishing, vacuuming, cleaning windows, chemdrying mats, chemical treatment of parts of vehicles and leather conditioning, were concerned with or connected with maintaining motor vehicles. The word "maintaining" in cl 4.1(a) of the Award includes maintaining the ordinary appearance and cleanliness of motor vehicles and is not confined to mechanical serviceability. The first respondent's establishments and undertakings were therefore principally connected or concerned with maintaining motor vehicles, so the Award applies to the employment of the employees in question.

Court Disposition

The Court determined that the Vehicle Manufacturing, Repair, Services and Retail Award 2010 applies to the employment by the first respondent of the employees in question; the matter was to be re-listed for directions for a timetable for further hearing.

Orders

  • ['The matter is listed for directions at a time to be advised.']