ISS Facility Service

ISS Facility Services Pty Ltd sought to vary a consent judgment regarding the calculation of redundancy pay due to an employee, Mr. Williams. The Fair Work Commission, led by Commissioner McDonald, was tasked with deciding whether the employer could vary the original judgment to include a correct calculation of the employee's redundancy pay. The dispute hinged on whether the employer had acted promptly and in good faith to correct the calculation error and whether such a variation was permissible under the relevant legislation.

The central legal issue revolved around the interpretation of the Fair Work Act and the Fair Work Regulations, specifically whether the employer could amend the original consent judgment to rectify an error in the calculation of redundancy pay. The employer argued that the initial miscalculation was an honest mistake and that they had acted promptly to correct it. Mr. Williams, on the other hand, contended that the employer had not acted in good faith and that the variation should not be allowed.

The Fair Work Commission found that the employer had not acted promptly or in good faith in seeking to vary the consent judgment. The employer had waited an excessive amount of time before attempting to correct the error and had not provided sufficient justification for the delay. The Commission emphasised the importance of employers acting swiftly and transparently when correcting errors in their calculations of employee entitlements. Consequently, the employer's application to vary the consent judgment was dismissed.