Global search

Primary navigation

04 October 2021

 

The Council made an application to the Fair Work Commission seeking to vary the Hobsons Bay City Council Enterprise Agreement 2016 – 2019 to remove what it said was ambiguity or uncertainty.

The ASU argued that the Agreement was not ambiguous or uncertain and that the Council was required to pay the employees their redundancy entitlements.

The Fair Work Commission dismissed the Council’s application finding that that the Agreement was not ambiguous or uncertain. The Commission also found that the historical context establishes that employees were entitled to redundancy pay even when they elected not to transfer their employment.

The ASU still has a claim for redundancy pay for these employees on foot in the Federal Court of Australia.

Lisa Darmanin the Australian Services Union, Authorities & Services Branch Secretary for Victoria and Tasmania, said:

“These Home Support workers gave many years of loyal service to the Council and the least the Council can do for them is pay their redundancy entitlements”

“The decision of the Fair Work Commission is clear. The ASU is calling on the Council to stop wasting ratepayers’ money trying to avoid paying these entitlements and do the right thing by these workers. This decision should be a lesson to all other employers that the ASU will always defend the rights and entitlements of its members.”

Daniel Victory, Principal Lawyer at Maurice Blackburn Lawyers who represented the Union, said:

“Maurice Blackburn has a proud history of fighting for the rights and entitlements of members of the Australian Services Union. This decision is yet another example of how employees need to be vigilant in protecting their entitlements.”

"Increasingly, we are seeing employers who are seeking to vary or terminate workplace agreements to the detriment of employees. The best way to ensure your rights are protected is to join your union.”

 

Media inquiries: 

Paddy Murphy on 0490 297 391 or pmurphy@mauriceblackburn.com.au

 

Practice Areas:
Employment issues

 

Maurice Blackburn media team

Our media team advises and supports Maurice Blackburn lawyers and clients during all forms of media engagement, including video and television appearances, radio, online and print media.

Please direct media inquiries to media@mauriceblackburn.com.au, or contact team members directly via the phone numbers below.

Avatar

Jade Knight

National Manager Public Affairs, Media and communications

  • Brisbane, QLD
  • (07) 3016 0396
    0417 969 438
Avatar

Michael Cooney

General Manager Public Affairs, Media and communications

  • Melbourne, VIC
  • (03) 9605 2700
Avatar

Chee Chee Leung

Media Manager, Media and communications

  • Melbourne, VIC
  • (03) 9045 6941
    0412 560 584
Avatar

Paddy Murphy

Media Manager, Media and communications

  • Melbourne, VIC
  • (03) 8102 2003
    0490 297 391

Easy ways to get in touch

We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on. 

Office locations

We’re here to help. Get in touch with your local office.

Select your state below

We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.