Construction, Forestry, Mining and Energy Union (Construction and General Division) v Master Builders' Group Training Scheme Inc

The applicant, Construction, Forestry, Mining and Energy Union (Construction and General Division), applied for leave to amend their application to seek an interpretation and finding related to the respondent, Master Builders’ Group Training Scheme Inc, under the Fair Work Act 2009. The Federal Circuit Court granted the leave to amend, and the court was required to determine the interpretation of an award made by the Australian Industrial Relations Commission. Specifically, the court had to decide whether the award required apprentices to be paid during their training hours and if there was a breach of the award by the respondent.

The court examined the common law principles regarding apprenticeship contracts, which highlighted a distinction between training and work for an employer. This distinction was reflected in the award terms. Although the award did not explicitly require payment during training hours, the court concluded that the award's terms supported the respondent's interpretation. The court also noted that the award’s framers included provisions to ensure employees engaged in training during normal working hours would not suffer a loss of pay, further supporting the respondent's stance. Ultimately, the court found that the proper interpretation of the award did not mandate payment during training hours.

For these reasons, the amended application was dismissed. The court ordered that the applicant have leave to file and serve the amended application dated 28 September 2006 and dismissed the amended application. The court further directed that the parties be heard regarding costs and any other orders.