Black v Young Republic & Anor

In the Federal Magistrates Court of Australia, Rebecca Black ("the applicant") filed an application against Young Republic (ACN 150 507 583) ("the first respondent") and Andrew Yang ("the second respondent") under the Fair Work Act 2009 (Cth). The applicant alleged that both respondents breached the National Employment Standards by failing to pay her accrued annual leave upon the cessation of her employment, and that they breached a safety net contractual entitlement by not paying her salary for the period she was employed, except for sporadic payments totalling $900. The applicant sought the payment of $564.08 for unpaid accrued annual leave and $6,407.78 for unpaid wages, along with costs associated with the initiation and prosecution of the application.

The legal issues the court had to decide were whether the application fell within the small claims jurisdiction of the Court, and if the applicant had successfully proven her claims. The court found that the application was within the small claims procedure, as the claims related to amounts required to be paid under the Fair Work Act and a safety net contractual entitlement, and the total claim was under the limit of $20,000. The court also found that the applicant had successfully proven her claims, as her evidence was unchallenged and persuasive.

The court ordered that the first and second respondents pay the applicant the sum of $6,971.86 less tax within 28 days of the date of the order, and pay her costs in the amount of $691.00 within 28 days of the order. The court also ordered that the first and second respondents contravened the Fair Work Act 2009 (Cth).