Dimkovski v Majorsite Property Group Pty Ltd

In the case of Dimkovski v Majorsite Property Group Pty Ltd, the applicant sought a review of a registrar’s decision in relation to claims for underpayments, annual leave, annual leave loading, notice of termination, and superannuation contributions. The case was heard by the Australian Fair Work Commission, which examined the merits of the applicant's claims against the first respondent, Majorsite Property Group Pty Ltd, as well as considering the accessorial liability of the second respondent. The applicant, Dimkovski, alleged he was underpaid penalty rates, annual leave, annual leave loading, notice of termination, and superannuation contributions during his employment from 15 January 2022 until his dismissal on or around 17 November 2022.

The legal issues before the court included whether the first respondent had contravened various sections of the Fair Work Act 2009 (Cth) by failing to pay penalty rates, annual leave, annual leave loading, notice of termination, and superannuation contributions to the applicant. The court was also required to determine whether the second respondent was liable for any accessorial penalties under the Fair Work Act. The applicant provided uncontested evidence to support his claims of underpayment and failure to receive entitlements as stipulated by the relevant award and legislation.

The court found that the applicant was indeed underpaid in several areas and that the first respondent had contravened multiple sections of the Fair Work Act. The court held that the applicant was entitled to penalty rates for work on weekends, annual leave loading, and superannuation contributions. Additionally, the court found that the first respondent failed to provide written notice of termination or payment in lieu of notice, which also amounted to an underpayment. The court concluded that the first respondent was liable for the underpayments and breaches of the Fair Work Act. However, the court did not find sufficient evidence to hold the second respondent liable for accessorial penalties.

The court ordered that the first respondent must pay the applicant the total amount of underpayments, including penalty rates, annual leave, annual leave loading, and notice of termination, amounting to $2119.72. The court also ordered that the first respondent must pay superannuation contributions for the period in question. The second respondent was found not liable for any accessorial penalties.