Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Truck Moves Australia Pty Ltd v Simmonds [2015] FCA 1071 Citation: Truck Moves Australia Pty Ltd v Simmonds [2015] FCA 1071
Parties: TRUCK MOVES AUSTRALIA PTY LTD ACN 103 399 891 v BRIAN SIMMONDS and JOHN ZADER
File number: NSD 1249 of 2014
Judge: RARES J
Date of judgment: 2 October 2015
Catchwords: INDUSTRIAL LAW – principles of construction of modern award made under Fair Work Act 2009 (Cth) – whether employer covered by modern award – whether business of employer within definition of "road transport and distribution industry" in Road Transport and Distribution Award 2010 – whether movement of unladen trucks or other vehicles at request of or for delivery to employer's customer within meaning of "the transport by road of goods" in cl 3.1 of Award – whether unladen trucks or vehicles moved by road between locations are themselves "goods" that are transported by road – whether infrequent instances of laden trucks being moved by road by employee were ancillary to business of employer
Legislation: Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth)
Cases cited: Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Rooth v S. Brady Industries Pty Ltd t/as Vehicle Relocators [2014] FCCA 1435 overruled Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd (2014) 245 IR 449
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