Construction Forestry Mining and Energy Union (Construction & General Division) v The Master Builders’ Group Training Scheme Inc [2007] FCA 435

FEDERAL COURT OF AUSTRALIA

Construction Forestry Mining and Energy Union (Construction & General Division) v The Master Builders' Group Training Scheme Inc [2007] FCA 435

INDUSTRIAL LAW – interpretation of award – National Building and Construction Industry Award 2000 – where award applies to apprentices in South Australia – where award makes provision for payment of travel patterns allowance in relation to travel to work – where apprentices covered by award participated in training – whether travel patterns allowance payable in respect of travel to trade school – approach to interpretation of awards. Held: purpose of travel patterns allowance does not include travel to trade school – attendance by apprentice at trade school falls outside meaning of 'work' – travel patterns allowance not payable in respect of travel to trade school – application dismissed. Acts Interpretation Act 1901 (Cth)ss 15AA, 15AB, 46 Legislative Instruments Act 2003 (Cth) s 7 Workplace Relations Act 1996 (Cth) s 718, s 848 Training and Skills Development Act 2003 (SA) s 37, s 41 Vocational Education, Employment and Training Act 1994 (SA) City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 cited Fetz v Qantas Airways (1997) 77 IR 443 cited George A Bond and Co Ltd (In Liq) v McKenzie [1929] AR (NSW) 498 considered Master Builders Association (Vic) v Australian Building Construction Employees' and Builders' Labourers' Federation (1981) 35 ALR 284 considered Mrs P Davies v Neath Port Talbot County Borough Council [1999] ICR 1132 distinguished Qantas Airways v Fetz (1998) 84 IR 52 cited Short v F W Hercus Pty Ltd (1993) 40 FCR 511 considered Wallace v CA Roofing Services Ltd [1996] IRLR 435 considered Wiltshire Police Authority v Wynn [1981] QB 95 considered Zajaczkowski v Podean Electronic Industries Pty Ltd (No 4) (1996) 69 IR 307 cited CONSTRUCTION FORESTRY MINING AND ENERGY UNION (CONSTRUCTION & GENERAL DIVISION) v THE MASTER BUILDERS' GROUP TRAINING SCHEME INC SAD 57 OF 2006