One Key Class Action
Adero Law filed a class action in the Federal Court in March 2020 against labour hire company, One Key, and other entities within the corporate group, on behalf of group members who were engaged as casual employees under the RECS (Qld) Pty Ltd Enterprise Agreement 2015. This enterprise agreement was declared void and set aside by order of the Federal Court of Australia, rendering the previous casual employment under the enterprise agreement unlawful.
To be eligible for this class action you must have received payslips that bear the ABN 80 605 016 206.
In March 2020, Adero Law filed a class action lawsuit against One Key, and other entities within the corporate group, alleging it unlawfully engaged its employees as casual employees under the RECS (Qld) Pty Ltd Enterprise Agreement 2015 (the RECS Agreement). The RECS Agreement was declared void and set aside by order of the Federal Court of Australia.
The RECS Agreement supposedly covered employees of One Key Workforce who would otherwise have been covered by the Black Coal Mining Industry Award 2010 (the Award). Unlike the Award, the RECS Agreement allowed for the engagement of ‘Production and Engineering’ employees as casual employees meaning that they did not accrue benefits including annual leave entitlements.
The RECS Agreement was approved by the Fair Work Commission on 30 October 2015 and came into effect on 6 November 2015. Approximately thirteen months later on 28 November 2016, an interested trade union sought a judicial review of the RECS Agreement.
At the conclusion of the judicial review, it was ordered that the decision to approve the RECS Agreement was “void ab initio”, which meant it was to be treated as invalid from when it was approved.
This decision had the effect of reverting all employees of One Key Workforce back to the terms of the Award, not only moving forward, but also retrospectively from the time that the RECS Agreement was approved. This means group members were covered by the Award from 6 November 2015.
As the Award does not allow for the engagement of ‘Production and Engineering’ employees as casual employees, group members who had been engaged as casual employees under the RECS Agreement must therefore be converted to permanent employees under the Award.
It is alleged group members in this class action have suffered loss relating to the non-payment of their annual leave entitlements, as well as entitlements relating to termination and redundancy payments when their employment was terminated. We now seek to recover those losses through this class action.
Adero Law encourages anyone who worked for One Key Workforce from 6 November 2015 to register for this class action. Please contact Adero Law via the “Register Interest” button to receive further information about your options and legal rights.