Event and Time
Event Description
The case involves a claim against United Lift Services Pty Ltd by employees David Nesbitt and Darren Burton, who alleged contraventions of the Fair Work Act 2009 (Cth) related to unfair redundancy processes and failure to pay due entitlements under their Enterprise Agreement.
Application and Claims
- Parties Involved:
- Second Applicant: Mr. David Nesbitt - Respondent: United Lift Services Pty Ltd
- Claims include:
- Breach of employment entitlements under the United Lift Services Pty Ltd Installation and Service Division Enterprise Agreement 2021. - Adverse action taken against Mr. Nesbitt and Mr. Burton for exercising workplace rights, as per ss 340 and 346 of the Fair Work Act. - Requests for declarations of contraventions and claims for reinstatement, pecuniary penalties, and compensation.
Judicial Decisions
- On April 17, 2023, Judge Humphreys declared that United contravened:
- s 50 (failure to pay wages) - s 340 and s 346 (adverse action related to workplace rights) - Several specific failures to consult, compensate, and properly execute redundancy processes.
Dispute Points and Legal Basis
Dispute Points
- Applicant Claims:
- United failed to pay owed wages to Mr. Burton. - United did not contribute $79 per week to the redundancy trust for Mr. Burton. - Lack of proper arrangements for Rostered Days Off (RDOs). - United did not consult employees prior to making redundancies. - Adverse treatment in the redundancy selection process, biased against union delegates (Nesbitt and Burton).
- Respondent Arguments: