Joyce Tyndall has failed in her attempt to convince the Federal Court to order Goulburn Valley Health to pay her travel allowances and penalties as per CL.46.6 of the Nurses and Midwives (Victorian Public Health Sector – Single Interest Employers) Enterprise Agreement 2012-2016. Ms Tyndall failed because “she does not require a motor vehicle in connection with her duties, as distinct from travelling to and from work. She has had permanent work locations and hours which if changed required both parties to agree and sign off on a Variation to Employment Form. A prerequisite of her obtaining her employment was a driver’s licence but not a motor vehicle. She was required to have an ability to transfer work locations. Her motor vehicle was used to travel to and from her differing places of employment on any given day. It was not required by her employer in the performance of her duties,” ruled Justice Hartnett.
