Craig Brown v Port Produce Pty Ltd

[2024] FWC 3475

[2024] FWC 3475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Craig Brown
v

Port Produce Pty Ltd

(U2024/4187)

COMMISSIONER HUNT BRISBANE, 12 DECEMBER 2024

Application for an unfair dismissal remedy – Application granted – remedy – applicant in receipt of workers’ compensation weekly payments – superannuation awarded.

1. On 11 November 2024, I issued a decision [[2024] FWC 3109] finding that Mr Craig Brown was unfairly dismissed by Port Produce Pty Ltd (the Respondent).

1. In accordance with s.390 of the Fair Work Act 2009 (the Act), if the Fair Work Commission (the Commission) finds that a person has been unfairly dismissed, the Commission cannot order a payment of compensation to the person unless the Commission is satisfied that reinstatement of the person is inappropriate and an order for payment of compensation is appropriate.

1. After having determined that reinstatement of Mr Brown was inappropriate,[1] I considered it appropriate to award Mr Brown remuneration in the form of superannuation for the period of 4 April 2024 until the date of my decision, being 11 November 2024.[2]

1. At the time of my decision, Mr Brown had provided the Commission evidence of workers’ compensation payments he had received up to 3 August 2024 only. I was therefore unable to make an order awarding superannuation payments beyond that date.

1. In my decision, I determined that I would require further evidence of workers’ compensation payment received by Mr Brown before making a compensation order.[3] Mr Brown was urged to provide this evidence within seven days of the date of my decision.

Mr Brown’s workers’ compensation payments

1. In the period of 4 April 2024 – 30 June 2024, Mr Brown received $12,240.78 in workers’ compensation payments. At the rate of 11%, Mr Brown would have received $1,346.49 in superannuation payments if he had not been dismissed.[4]

1. For the period covering 1 July 2024 until today’s date, the rate of superannuation is 11.5%. From 1 July 2024 until 3 August 2024, Mr Brown received $4,935.80 in workers’ compensation payments. At the rate of 11.5%, Mr Brown would have received $567.62 in superannuation payments if he had not been dismissed.

1. On 9 December 2024, Mr Brown provided evidence that for the period of 4 August 2024 – 11 November 2024, he received $14,017.67 in workers’ compensation payments. At the rate of 11.5%, Mr Brown would have received $1,612.03 in superannuation payments if he had not been dismissed.

1. Accordingly, the total superannuation payment Mr Brown would have received if he had not been dismissed is as follows:

4 April 2024 – 30 June 2024 @ 11% =   $1,346.49
1 July 2024 – 3 August 2024 @ 11.5% =                  $   567.62
4 August 2024 - 11 November 2024 @ 11.5% =      $1,612.03

Total superannuation payment =   $3,526.14

Order of compensation

1. I have determined that I will award to Mr Brown compensation in the form of superannuation for the period of 4 April 2024 until 11 November 2024. The superannuation is payable at the rate of 11% for the period of 4 April 2024 – 30 June 2024, and 11.5% for the period of 1 July 2024 – 11 November 2024.

1. The Respondent is to pay $3,526.14 into Mr Brown’s superannuation account within 14 days.

1. An order [PR782406] giving effect to this decision will be published.
   

COMMISSIONER

[1] Brown v Port Produce Pty Ltd [2024] FWC 3109, [90].

[2] Ibid [104].

[3] Ibid [120].

[4] Ibid [107].

Printed by authority of the Commonwealth Government Printer

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