Federal Court of Australia
CATCHWORDS
Industrial law ~ interpretation of award - Building Construction Employees and Builders Labourers Award 1978 - "provide transport free of charge ..." - whether constituted by supply of vehicle and fuel without driver - employee required by employer to regularly drive employer's vehicle containing employer's equipment from employee's residence to work and return ~- whether time spent driving
is "working time" - Conciliation and Arbitration Act 1904
s.110
Re Australian Building Construction Employees and Builders Labourers Federation
Application for an interpretation of the Building
Construction Employees and Builders Labourers Award 1978
(Vv. No. 22 of 1980)
Coram: KEELY J.
Date: 18 Novembec 1980
Place: Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA
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) ) VICTORIA DISf RIC? REGIST RY ) V. No. 22 of 1980 ) )
INDUST RIAL DIVISION
Re: Australian Building Construction Employees
and Builders Labourers Federation
Application for an interpretation of the Building Construction Employees and Builders Labourers Award 1978
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REASONS FOR JUDGMENT
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: 18 November 1980 KEELY J.
This is an application by the Australian Building Construction Employees and Builders Labourers Federation for an interpretation of certain provisions of the Building Construction Employees and Builders Labourers Award 1978 (the award). The applicant seeks an interpretation of
sub-clause 16.6 of the award which provides:
3 "16.6 Provision of Transport.
The allowances prescribed in this Clause except the additional payment prescribed in sub-clauses 16.4 and 16.5 nereof shall not be Payable on any day on which the employer
| ET GEAR EN EAN UTES Se oe em - -- _ _—
2.
provides or offers to provide transport free of charge from the employee's home to his place of work and return provided that any transport supplied is equipped with suitable seating accommodation and is covered when necessary so as to be weatherproof."
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