Baytech Trades Pty Ltd (ACN 147 997 788) v Coinvest Ltd (ACN 078 004 985)

[2015] VSCA 342

Victorian Court of Appeal

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Interrogate

Catchwords

1. Employment Law
2. › Long service leave
3. › Construction industry
4. › Portable long service leave scheme
5. › Whether labour hire workers performing manufacturing work in factory were employed to perform 'construction work in the construction industry'
6. › Whether manufacturing of switchboards constituted 'electrical services'
7. › Construction Industry Long Service Leave Act 1997 (Vic), s 4
1. Statutory Interpretation
2. › Industrial awards
3. › Scope and application
4. › Definition of 'electrical services'
5. › Whether assembly of electrical switchboards in factory was 'assembly, wiring, repair and maintenance of electrical installations and appliances'
6. › Distinction between manufacturing work and on-site electrical contracting work
7. › Electrical Contracting Industry Award 1992, cls 5.1-5.3
1. Statutory Interpretation
2. › Purposive construction
3. › Beneficial legislation
4. › Legislation balancing competing interests
5. › Whether beneficial construction appropriate where statute imposes burdens on employers to confer benefits on employees
6. › Primacy of text over purpose where legislation reflects compromise

Quick Take

The assembly of electrical switchboards or similar products in a manufacturer's factory does not constitute 'electrical services' within the meaning of the Electrical Contracting Industry Award 1992, and therefore does not attract a long service leave charge under the Construction Industry Long Service Leave Act 1997 (Vic). The definition of 'electrical services' is confined to on-site work involving the installation, servicing and maintenance of electrical appliances at the premises where they are used or to be used. Labour hire companies supplying electricians to manufacturers for factory-based assembly work are not liable for the construction industry long service leave charge in respect of that work.