Balemian v Mobilia Manufacturing Pty Ltd

Balemian v Mobilia Manufacturing Pty Ltd concerned a dispute between a former employee, Mr. Balemian, and his former employer, Mobilia Manufacturing Pty Ltd. The matter came before Judge Hartnett in the Federal Circuit and Family Court of Australia. The core of the dispute involved Mr. Balemian's claim for unpaid entitlements, specifically concerning alleged breaches of his employment contract and the National Employment Standards (NES) under the *Fair Work Act 2009* (Cth).

The primary legal issues before the court were whether Mr. Balemian was entitled to payment for accrued but untaken annual leave and long service leave upon the termination of his employment. Additionally, the court was required to determine whether Mobilia Manufacturing Pty Ltd had breached its obligations under the NES by failing to provide Mr. Balemian with adequate notice of termination or payment in lieu of notice.

Judge Hartnett considered the terms of Mr. Balemian's employment contract and the relevant provisions of the *Fair Work Act 2009* (Cth) and the applicable state long service leave legislation. The court found that Mr. Balemian was indeed entitled to payment for his accrued annual leave, as this was a statutory entitlement under the NES. However, the court determined that Mr. Balemian's claim for long service leave was premature, as he had not yet met the minimum service period required under the relevant state legislation. Regarding the termination notice, the court found that Mobilia Manufacturing Pty Ltd had failed to provide the requisite notice or payment in lieu, and therefore breached its obligations under the NES.

Consequently, Judge Hartnett ordered Mobilia Manufacturing Pty Ltd to pay Mr. Balemian the sum of $10,000, representing the value of his accrued annual leave and payment in lieu of notice. The claim for long service leave was dismissed without prejudice, allowing Mr. Balemian to pursue it should he meet the eligibility criteria in the future.