Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tyndall v Goulburn Valley Health [2016] FCAFC 139 Appeal from: Tyndall v Goulburn Valley Health [2015] FCCA 3384
File number: VID 88 of 2016
Judges: JESSUP, TRACEY AND KATZMANN JJ
Date of judgment: 14 October 2016
Catchwords: INDUSTRIAL LAW – where clauses of successive enterprise agreements provided for "Vehicle Allowance" – where employee required to provide mode of conveyance in connection with duties – where appellant worked on a permanent part-time basis at respondent's clinics in three towns – proper construction of clauses of enterprise agreements – whether appellant entitled to Vehicle Allowance for travel between residence and place of work and home again, or between clinics where worked two shifts in one day – appellant entitled to Vehicle Allowance for travel between clinics
Legislation: Fair Work Act 2009 (Cth), ss 545, 546
Cases cited: Burswood Management Limited v Attorney-General (Cth) (1990) 23 FCR 144 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Lunney v Commissioner of Taxation of the Commonwealth of Australia (1958) 100 CLR 478 Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 569
Date of hearing: 19 August 2016
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: Ms S Fitzgerald
Solicitors for the Appellant: McDonald Murholme
Counsel for the Respondent: Mr J Bourke QC with Mr G McKeown
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