Construction, Forestry, Mining & Energy Union v Boral Resources (Vic) Pty Ltd & Ors

The dispute before Hayne J of the High Court of Australia concerned the interpretation of a clause within an enterprise agreement governing the employment of members of the Construction, Forestry, Mining and Energy Union (CFMEU) by Boral Resources (Vic) Pty Ltd and other related entities. The core of the disagreement lay in whether the employer was obligated to pay employees for time spent travelling to and from a worksite when that travel was not between the employee's home and their usual place of work.

The central legal issue for determination was whether the travel time in question constituted "ordinary time" for the purposes of calculating an employee's entitlement to payment under the enterprise agreement. Specifically, the court had to consider the meaning and application of clause 10.1 of the Boral Resources Enterprise Agreement 2006, which stipulated that employees were to be paid for all time worked, and whether the travel described fell within the scope of "time worked" or "ordinary time" as contemplated by the agreement.

Hayne J reasoned that the enterprise agreement did not extend to cover the travel time in question. His Honour referred to established principles of industrial law and contract interpretation, emphasizing that an employer's obligation to pay for time spent travelling typically arises only when that travel is an integral part of the employee's duties or is specifically provided for in the award or agreement. In this instance, the travel was not between the employee's home and their usual place of work, nor was it otherwise stipulated as compensable time under the agreement. Consequently, the employer was not obliged to pay for the travel time.