Travelling to work 'is Work'

[Foreigner]

Interesting call by European Court of Justice, a decision that could have a huge impact on employers and workers:

Travelling to work 'is work', European court rules - BBC News

 

[rioter]

The thing that is getting missed when people are discussing this. This is only for people that don't have a fixed office.

 

[Foreigner]

A summary of the Judgment is here:

http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-09/cp150099en.pdf

 

[Dr Ralph]

Unlikely to have any relevance in Australia.

 

[cove]

Our company insures our workers for travelling home to work and back home again because this was deleted out of the workers compensation cover a few years ago. We have this for all of our workers in every State of Australia.

 

[burmans]

Long standing principle in Australia that travel to work is NOT work, supported by tax cases and all. Doubt that will have relevance here.

 

[Jousams]

Long standing principle in Australia that travel to work is NOT work, supported by tax cases and all. Doubt that will have relevance here.

I though that the exclusion of travel to work 'being work' was exclusive to the tax law?

I though that workers compo, etc sometimes would cover travel to/from work, etc?

 

[burmans]

I though that the exclusion of travel to work 'being work' was exclusive to the tax law?

I though that workers compo, etc sometimes would cover travel to/from work, etc?

This varies state by state.

 

[cove]

Yes it varies from state to state and we found taking out a blanket policy was available at a reasonable cost for everyone on our payroll. I haven't checked this year but it costs about $100 per person.

 

[Foreigner]

And the territories too, right?

 

[cove]

It would if we had anyone based in ACT or NT.

 

[medhead]

Long standing principle in Australia that travel to work is NOT work, supported by tax cases and all. Doubt that will have relevance here.

Except that the story is apparently about workers without a fixed office, based on other posts in thread. Australian tax law/cases already allows such people to claim for travel from home to work. Still the case probably doesn't have relevance, but only because such workers can already claim for this travel.

 

[burmans]

Except that the story is apparently about workers without a fixed office, based on other posts in thread. Australian tax law/cases already allows such people to claim for travel from home to work. Still the case probably doesn't have relevance, but only because such workers can already claim for this travel.

Well not quite sure I'd agree with the characterisation, travel between various work places has always been regarded as work, and then if you don't have a fixed "workplace" it becomes easier to characterise your "home" as also a "home office". But my understanding is that for these people to travel from "home" to work you need to make a credible case that that home is also a place of work (which is easier when it's one of many).

 

[JohnK]

Our company insures our workers for travelling home to work and back home again because this was deleted out of the workers compensation cover a few years ago. We have this for all of our workers in every State of Australia.

When did this change?

A few years ago if you broke a leg going to/from work then you were covered by workers compensation. If that has changed that is very poor. I hope that it's not another cost cutting measure to justify increasing executive salaries?

 

[mooingchicken]

It changed a few years ago in QLD anyway, its no longer covered

 

[medhead]

Well not quite sure I'd agree with the characterisation, travel between various work places has always been regarded as work, and then if you don't have a fixed "workplace" it becomes easier to characterise your "home" as also a "home office". But my understanding is that for these people to travel from "home" to work you need to make a credible case that that home is also a place of work (which is easier when it's one of many).

Under Australia's tax system it's all self assessment. If someone self assessed that they have no fixed/primary workplace,or a home office, then they can claim. Only need to make a credible case if seeking a determination or if audited.

In Australia you're also able to claim travel between workplaces and then travel to home, or travel to a secondary workplace from home followed by travel to the primary workplace.

It changed a few years ago in QLD anyway, its no longer covered

Believe this is not covered in NSW either.