Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zader v Truck Moves Australia Pty Ltd [2016] FCAFC 83 Appeal from: Truck Moves Australia Pty Ltd v Simmonds [2015] FCA 1071
File number: NSD 1266 of 2015
Judges: NORTH, JESSUP AND FLICK JJ
Date of judgment: 10 June 2016
Catchwords: INDUSTRIAL LAW – appeal from decision declaring scope of coverage under award – where business involved delivering un-laden, pre-registered trucks on customer instructions – trial judge held respondent employer's business did meet the award's criterion of "transport by road of goods" – appellant employee relied on interpretation of trucks as "goods" being delivered – consideration of trial judge's reliance on distinction between "carriage of goods by road" and "driving of vehicles on road" – consideration of relevant award's history and apparent silence regarding respondent's business – consideration of meaning of "transport" within "road transport and distribution industry" as either carriage or conveyance of goods – held "transport" only includes "carriage" in award definition based on similar articles listed for delivery – appeal dismissed. INDUSTRIAL LAW – interpretation of modern awards – words to be given their objective meaning – construed in context – transport by road of goods – whether 'goods' includes unregistered vehicles
Legislation: Fair Work Act 2009 (Cth) ss 156, 157, Pt 2-6
Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union [2005] HCA 10, (2005) 222 CLR 241 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813, (2006) 153 IR 426 Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, (2015) 253 IR 391 Kucks v CSR Ltd (1996) 66 IR 182 Shop Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCAFC 67 Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd [2014] FCAFC 148 Award Modernisation – Statement [2009] AIRCFB 50 Mobile Crane Hiring Award 2010 Road Transport and Distribution Award 2010 Road Transport (Long Distance Operations) Award 2010
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