the Applicant v the Respondent
Citation: [2022] FCA 1106
At a glance
- Awards cited
- MA000427
What happened
The Applicant and a co-worker led representative proceedings on behalf of groups of workers employed by Romeo Lockleys (Lockleys Foodland). The workers alleged they did not receive their full entitlements under the General Retail Industry Award 2010 for hours worked. The proceedings involved claims for underpayment of wages, and a settlement was negotiated between the parties.
What was decided
The court approved the settlement of the representative proceedings. The Respondent agreed to pay compensation to group members. The court also had to address the costs claimed by the Applicant's lawyers, which initially exceeded proper limits. The court fixed the costs amount at $560,893.52, in accordance with the settlement agreement and applicable legal professional conduct rules.
What it means for employers
Employers who underpay award-covered workers face class action liability. Settlements of such proceedings involve compensation payable to affected group members plus legal costs. Employers should ensure wages comply with applicable modern award rates.
What it means for employees
Workers underpaid under modern awards may pursue representative claims on behalf of groups, with court oversight to ensure settlements are fair and costs are reasonable.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →