Sheehan v Thiess Pty Ltd [2019] FCA 1762

Sheehan v Thiess Pty Ltd [2019] FCA 1762

Clause 16(9) of the Thiess Pty Ltd Wheatstone Project Agreement 2012 requires that employees' Project Working Hours finish at the point immediately inside the Site Employee access gates, being the security gates at the site perimeter. Accordingly, employees are entitled to payment for the journey time from the crib huts to those gates, and entitlements such as site allowance and overtime must be calculated on this basis.

Jurisdiction
Australia
Judgment Date
01 November 2019
Procedural Posture
Representative Proceedings / Judgment After Final Hearing
Outcome
Judgment for the applicant.
Legal Topics
['interpretation of Enterprise Agreements' 'entitlement to Payment for Journey Time' 'project Working Hours Calculation' 'workplace Agreements—construction Sites']
['industrial Law' 'employment & Industrial Relations'] ['interpretation of Enterprise Agreements' 'entitlement to Payment for Journey Time' 'project Working Hours Calculation' 'workplace Agreements—construction Sites']

Case Brief

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Procedural Posture

Representative Proceedings / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether employees were entitled to payment for the journey time from the crib huts to the site access gates under the applicable workplace agreement.' 'Proper construction of cl 16(9) of the Thiess Pty Ltd Wheatstone Project Agreement 2012 regarding the start and finish of Project Working Hours.' "Identification of structures constituting the 'Site Employee access gates' within the meaning of the Agreement."]

Ratio Decidendi

Clause 16(9) of the Thiess Pty Ltd Wheatstone Project Agreement 2012 requires that employees' Project Working Hours finish at the point immediately inside the Site Employee access gates, being the security gates at the site perimeter. Accordingly, employees are entitled to payment for the journey time from the crib huts to those gates, and entitlements such as site allowance and overtime must be calculated on this basis.

Court Disposition

Judgment for the applicant.

Orders

  • ['Judgment for the applicant.' 'Common issues of law and fact answered: (a) Project Working Hours finish at the point immediately inside the Site Employee access gates; (b) clause 16(9) defines the finishing time and place for paid entitlements including Site Allowance (cl 10) and Overtime Payments (cl 20); (c)...