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.