Adero has been informed that in the period of 1996 to 2017, Airservices Australia (Airservices) began introducing “management contracts” to various individuals employed at Airservices. For these contracts to be deemed valid under the Fair Work Act 2009 (Cth), they must improve or match the entitlements provided in the relevant Enterprise Agreement. A number of management contracts we reviewed fell short of this standard.
In December 2017 we commenced a class action against Airservices in the Federal Court of Australia on behalf of individuals who had signed a management contract that fell short of this standard. Members of the class action are claiming shortfalls in entitlements compared to what they should have received under the Enterprise Agreement.
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Adero is investigating allegations that in the period between 1996 and 2016, Airservices Australia (Airservices) adopted policy directions whereby all new employees of Airservices were required to become members of the appointed superfund of Airservices, being AvSuper.
It is alleged that claimants were told, or otherwise not informed, that they could continue making superannuation contributions to existing funds.
Adero considers that this may not have been correct at law and that the claimants are likely to have suffered a reduction in their superannuation payments as a result.