Pickett v Aerofuels Essendon Pty Ltd

Pickett (the applicant) brought a claim against Aerofuels Essendon Pty Ltd (the respondent) in the Industrial Relations Commission of Victoria. The dispute concerned the applicant's entitlement to a dangerous goods allowance under the Road Transport and Distribution Award 2010. The applicant contended that he was a driver engaged in the transport of bulk fuels by public road and therefore qualified for the allowance.

The primary legal issue before the Court was the proper interpretation of the relevant provisions of the Road Transport and Distribution Award 2010, specifically concerning the conditions under which a driver is entitled to a dangerous goods allowance. This required the Court to consider whether the applicant's specific role and the nature of his work fell within the scope of the award's definition of transporting bulk fuels by public road.

Judge Blake examined the history and context of the award provisions. The Court determined that the applicant's duties did not constitute the transport of bulk fuels by public road as contemplated by the award. Consequently, the applicant was not entitled to the dangerous goods allowance. The application was therefore dismissed.