Kronen v Commercial Motor Industries Pty Ltd (CMI Toyota) [2008] FCAFC 171

FEDERAL COURT OF AUSTRALIA

Kronen v Commercial Motor Industries Pty Ltd (CMI Toyota) [2008] FCAFC 171 INDUSTRIAL LAW – award – breach – superannuation – contributions by employer – whether Industrial Relations Court of South Australia had jurisdiction to determine whether basis on which contributions calculated was correct – court had no general jurisdiction to interpret award – payment of contributions to trustee of superannuation fund not payment to employee INDUSTRIAL LAW – award – overtime – whether business manager entitled to overtime payments – remuneration by retainer and commissions – whether term implied in contract of employment from custom and practice in industry excludes award obligation – whether classification determinative of question – employed to deal with receipt of money from purchasers, and to sell finance and insurance – whether "principally employed to perform duties related to the sale of vehicles" Constitution, s 77(iii) Workplace Relations Act 1996 (Cth), ss 177A (repealed), 179(1) (repealed), 720, 413 (repealed), 824(1), 848, 719, 850(2), 853(1), 853(2) Workplace Relations Amendment (Work Choices) Act 2005 (Cth), s 3(1), Sch 1, Sch 4 Acts Interpretation Act 1901 (Cth), s 8 Fair Work Act 1994 (SA), s 179 Federal Court of Australia Act 1976 (Cth), s 24(1A) Workplace Relations Regulations 2006 (Cth) The Vehicle Industry - Repair, Services and Retail - Award 1983, cll 8(c), 20, 20(a), 21, 21(a), 22, 22(a), 23, 23(a), 24, 24(a), 44

Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd and Others [2008] FCAFC 60 (2008) 167 FCR 372 referred to Citigroup Pty Ltd v Mason [2008] FCA 389 (2008) 167 FCR 217 referred to Kidd v Savage River Mines (1984) 6 FCR 398 followed Kronen v Commercial Motor Industries Pty Ltd (t/as CMI Toyota) [2006] SAIRC 31 reversed HORST WILHELM KRONEN v COMMERCIAL MOTOR INDUSTRIES PTY LTD (CMI TOYOTA)