Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction Forestry Mining & Energy Union (Construction & General Division) v The Master Builders Group Training Scheme Inc [2007] FCAFC 165
INDUSTRIAL LAW – interpretation of award – clause 38 National Building and Construction Industry Award 2000 – application to apprentices in South Australia attending trade school – whether travel patterns allowance payable in respect of trade school – whether apprentice attending trade school as required is 'employed on work' within the meaning of the Award – Held:travel patterns allowance not payable in respect of travel to trade school – appeal dismissed Workplace Relations Act 1996 (Cth)ss 4, 848 Training and Skills Development Act 2003 (SA) s 37 Construction Forestry Mining and Energy Union v The Master Builders Group Training Scheme Inc [2007] FCA 435approved Qantas Airways Limited v Fetz (1998) 84 IR 52 cited Wallace v CA Roofing Services Ltd [1996] IRLR 435cited CONSTRUCTION FORESTRY MINING & ENERGY UNION (CONSTRUCTION & GENERAL DIVISION) v THE MASTER BUILDERS GROUP TRAINING SCHEME INC SAD 57 OF 2006
BRANSON, FINN AND GYLES JJ
26 OCTOBER 2007
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 57 OF 2006
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CONSTRUCTION FORESTRY MINING & ENERGY UNION (CONSTRUCTION & GENERAL DIVISION)
Appellant
AND: THE MASTER BUILDERS GROUP TRAINING SCHEME INC
Respondents
JUDGES: BRANSON, FINN AND GYLES JJ DATE OF ORDER: 26 OCTOBER 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT the appeal be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 57 OF 2006
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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