On 26 July 2019, judgment concerning Common Question 1 was handed down by Justice Bromwich of the Federal Court.
His Honour resolved Common Question 1 with the answer “Yes”.
The effect of this answer to Common Question 1 is that individuals who had entered contracts within a management cohort were taken to be excluded from coverage under the Airservices Australia Collective Agreement 2009-2013 and the Airservices Australia Enterprise Agreement 2013-2017 (the Agreements) operating between 2009 and the date proceedings were commenced.
The resolution of Common Question 1 in favour of Airservices has resulted in the proceedings being dismissed.
Ms Duck has instructed Adero not to pursue an appeal.
Adero is taking no further steps with respect to the class action.
While Common Question 1 has resolved the applicability of the Agreements, Adero considers that there is likely a small selection of group members that may still benefit from claims brought under the Airservices Australia Award 2000 and the Airservices Australia Award 2015 (the Awards) for redundancy entitlements and unpaid at-risk bonuses.
Please email or contact our office on (02) 6189 1022 if you believe you may be eligible to participate in these claims.
If you signed a management contract, you may be able to claim the following:
The management contracts provide fewer redundancy benefits for individuals with lengthy periods of continuous service. Employees made redundant were given a payment capped at 26 weeks of their final salary. The Awards provide for a maximum of 48 weeks of salary depending on the length of continuous service.
At Risk Bonuses
When employees ceased employment with Airservices Australia, it is likely that they had worked for a period of time following their last receipt of an at-risk bonus. Employees who did not receive a proportional at-risk bonus for this period upon leaving the organisation may be entitled to such an amount.
Frequently Asked Questions
Although circumstances can vary, the general structure of a class action proceeding run by Adero Law is as follows:
- A wrongdoing occurs that affects a group of people (claimants) in a similar way.
- Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
- The claim is filed in Court.
- Claimants enter into a litigation funding agreement with a third-party litigation funder willing to finance the class action on the claim is basis.
- Pleadings and other Court documents are finalised and filed with the Court.
- Claimants have a chance to opt-out of the class action.
- Evidence is compiled and the claim is prepared for trial.
- If appropriate, mediation or settlement discussions take place between the parties.
- If a settlement agreement is not reached, the claim proceeds to trial.
- Once a settlement agreement has been reached, claimants are notified, and a timetable put in place for any objections or submissions to be made ahead of a hearing.
- A settlement hearing occurs.
- If the settlement is approved, a distribution scheme will be implemented under the guidance of the Court.
No. The litigation funder will cover legal fees on a no-win no-fee basis regardless of the outcome of the case. You will not have to personally pay Adero Law or the litigation funder any monies unless you are successful, in which case the only money you will pay to the funder will come from any successful outcome you receive. You will not have to pay anything more than what you receive.
Yes. Only the lead claimant will be named in the class action. Your name will not be made public unless you have specifically consented.
Whilst individual circumstances will vary, Adero undertakes due diligence in relation to likely damages calculations. The amount of underpayment varies depending on the claim being brought, such as a breach of the enterprise agreement or a breach of the National Employment Standards, and the hourly rates used.
Adero will make every effort to recover all potential underpayments owing to members of a class action (claimants). Claimants should be aware that the recovery of any underpayment will be subject to terms of the funding agreement, which provides for a return on investment to the funder. For more information on the terms of the funding agreement of any current class action, please request an FAQ Sheet by email at firstname.lastname@example.org or by contacting (02) 6189 1022.
No. It is the third-party litigation funder that receives a return on investment if a class action is successful, as they are the party that bears the risk.
No. Your employer cannot terminate your employment for participating in a class action. This will amount to an adverse action. Moreover, your name will not be disclosed without your express consent. This means that your employer cannot know you joined an action unless you tell them, you tell someone else or instruct us to disclose your name. We do not identify our clients, not even to other members of the action.
No. The Fair Work Act 2009 (Cth) s 340 prevents employers from treating you differently for exercising your workplace rights. It is unlawful to punish an employee in any way for joining a class action. If you believe this has happened to you, contact us at Adero Law and we will promptly investigate.
No. Both union members and non-members are encouraged to join so that we can win back the entitlements that are owed to everyone.
Yes. Our claimants include current and past workers.