Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kenoss Contractors Pty Ltd v Warren [2005] FCA 1175
INDUSTRIAL LAW – appeal from Chief Industrial Magistrate (NSW) – award interpretation – travelling allowance in building and construction industry awards – meaning of 'the employer's depot' – principles of award interpretation. Workplace Relations Act 1996 (Cth) CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Harrington v Lowe (1996) 190 CLR 311 R v Young (1999) 46 NSWLR 681 Shorter Oxford English Dictionary (3rd ed.) Macquarie Dictionary KENOSS CONTRACTORS PTY LIMITED v ROGER IRVIE WARREN ACD 0011 OF 2004 MADGWICK J 24 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 0011 OF 2004
ON APPEAL FROM THE CHIEF INDUSTRIAL MAGISTRATES COURT
BETWEEN: KENOSS CONTRACTORS PTY LTD
APPELLANT
AND: ROGER IRVIE WARREN
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 24 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Time be extended to enable the appellant to appeal out of time as to the question of travel allowance only.
2. The appeal be allowed.
3. The judgment of the Chief Industrial Magistrates Court of 7 April 2004, insofar as it deals with a claim for travel allowances, is set aside.
4. The matter be remitted to the Chief Industrial Magistrates Court for further hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 0011 OF 2004
ON APPEAL FROM THE CHIEF INDUSTRIAL MAGISTRATES COURT
BETWEEN: KENOSS CONTRACTORS PTY LTD
APPELLANT
AND: ROGER IRVIE WARREN
RESPONDENT
JUDGE: MADGWICK J
DATE: 24 AUGUST 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
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