Laycock v J and C Independent Carriers Pty Ltd

Laycock (the applicant) brought a claim against J and C Independent Carriers Pty Ltd (the respondent) for alleged non-payment of entitlements under the *Road Transport (Long Distance Operations) Award 2010*. The dispute centred on whether the applicant was entitled to a loading and unloading allowance. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was the interpretation of the *Road Transport (Long Distance Operations) Award 2010*, specifically the provisions relating to the loading and unloading allowance. The Commission was required to determine whether the applicant's duties fell within the scope of work contemplated by the award for the payment of this allowance, and if so, whether the allowance had been correctly paid.

Judge Driver considered the evidence presented regarding the applicant's tasks. The Commission found that the applicant's role did not involve the physical act of loading or unloading goods from the vehicle. Instead, the applicant's responsibilities were limited to driving the vehicle and ensuring it was secured. Consequently, the Commission determined that the applicant was not performing work that attracted the loading and unloading allowance under the award. The application was dismissed.