the Applicant v Birchan Pty Ltd Trading As Vic’s Premium Quality Meats
At a glance
- 1
What happened
the Applicant brought an unfair dismissal claim against Birchan Pty Ltd Trading As Vic’s Premium Quality Meats. She alleged she was unfairly dismissed and had previously signed an employment contract in June 2022, including an Individual Flexibility Agreement (IFA). The IFA stipulated an ‘Above Award Base Salary’ of $70,000 annually. the Applicant received $30,704.42 in salary payments during a six-month period and $3633.44 in workers' compensation payments. She sought compensation of $35,000.
What was decided
The Fair Work Commission found the Applicant was unfairly dismissed by Birchan Pty Ltd Trading As Vic’s Premium Quality Meats. the Respondent initially raised jurisdictional objections which were subsequently dismissed. The Commission accepted the Applicant's calculations and ordered the respondent to pay her $35,000 less applicable taxation. the respondent did not provide any submissions regarding compensation.
What it means for employers
Employers should ensure employment contracts and Individual Flexibility Agreements comply with Fair Work legislation and award conditions. Failure to respond to requests for information from the Commission can negatively impact outcomes in dispute resolution processes.
What it means for employees
Employees who believe they have been unfairly dismissed should lodge a claim with the Fair Work Commission. Providing clear and detailed calculations of lost income is important when seeking compensation.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.