Transport Workers' Union of New South Wales v Linfox Australia Pty Ltd (No 2) [2014] NSWIRComm 57

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of New South Wales v Linfox Australia Pty Ltd (No 2) [2014] NSWIRComm 57 Hearing dates: 19 September 2014; 18 November 2014 Decision date: 05 December 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President, Boland AJ, Tabbaa C Decision: The Full Bench makes the following orders: (1) Leave to appeal is granted. (2) The appeal is dismissed. (3) The decision of Newall C at [88] of the Commissioner's reasons for decision is confirmed Catchwords: APPEAL - Application for leave to appeal and appeal by Transport Workers Union from first instance decision - Determined at first instance that a mandatory fatigue break is an "interruption to work" within the meaning of the definition of "contract time" under the Transport Industry - General Carriers Contract Determination and unpaid- AWARD INTERPRETATION -Principles of award interpretation - Consideration of what is "contract time" - Consideration of what is "work" - Held that fatigue break is an interruption to work and unpaid - Appeal dismissed Legislation Cited: Commonwealth Employees' Compensation Act 1930 (Cth) Heavy Vehicles (Adoption of National Law) Amendment Act 2013 Heavy Vehicle National Law (NSW) Industrial Relations Act 1996 Road Transport (Vehicle and Driver Management) Act 2005 Road Transport (Vehicle and Driver Management) Regulation 2005 Cases Cited: Australian Municipal, Administrative, Clerical and Services Union v Treasurer of Commonwealth (1998) 82 FCR 175; (1998) 80 IR 345 Australian Workers Union v Department of Primary Industries and Resources SA (2007) 168 IR 249 Automatic Fire Sprinklers v Watson [1946] HCA 25; (1946) 72 CLR 435 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; (2006) 153 IR 426 City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 Commission of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 293 ALR 257 Commonwealth v Oliver [19620 HCA 38; (1962) 107 CLR 353 Duncans Holdings Ltd v Cross (1997) 76 IR 261 Endeavour Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2007] NSWIRComm 70; (2007) 161 IR 96 George A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 Re State Rail Authority Firefighters Award 2001 [2002] NSWIRComm 159; (2002) 122 IR 13 RJ Enterprises (Aust) Pty Ltd v Booth Transport Pty Ltd [2012] NSWIRComm 4; (2012) 221 IR 64 Short v FW Hercus Pty Ltd (1993) 40 FCR 511; (1993) 46 IR 128 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 Transport Workers' Union of New South Wales v Linfox Australia Pty Limited [2014] NSWIRComm 1013 Category: Principal judgment Parties: Transport Workers' Union of New South Wales (Appellant) Linfox Pty Limited (Respondent) Representation: M Gibian of counsel (Appellant) J Murphy of counsel (Respondent) Transport Workers' Union of New South Wales (Appellant) McCabes Lawyers (Respondent) File Number(s): IRC 536 of 2014 Decision under appeal Citation: [2014] NSWIRComm 1013 Date of Decision: 2014-06-12 00:00:00 Before: Newall C File Number(s): IRC 713 of 2013