Health Services Union v Liviende Inc

The Health Services Union sought a declaration that Liviende Inc had contravened the Fair Work Act 2009 by misclassifying its staff. The Fair Work Commission had previously determined that Liviende had misclassified the employees, but had not ordered back payment for the employees concerned. The Union argued that the Commission had erred in not ordering back payment. Liviende argued that it had complied with the orders and that the Union's claim was statute-barred. The Federal Circuit Court considered whether the Fair Work Commission had jurisdiction to order back payment and, if so, whether it had exercised its discretion to order back payment correctly. The Court found that the Commission did have the jurisdiction to order back payment and that it had exercised its discretion correctly, albeit reluctantly. The Union's claim was statute-barred, as the employees had not taken steps to seek compensation within the relevant time period. The Court dismissed the Union's claim.