Mifsud v Veolia Transport Sydney Pty Ltd

In the Fair Work Commission, the applicant, Mr. Mifsud, lodged a complaint against the respondent, Veolia Transport Sydney Pty Ltd, alleging a breach of the Veolia Transport (Metro Light Rail) Union Collective Agreement 2008. Mr. Mifsud claimed that the respondent had failed to adhere to the terms of the agreement, particularly clause 41, which pertained to his entitlements following a disciplinary process. The Commission was tasked with determining whether the respondent had indeed breached the collective agreement and, if so, what remedies were appropriate.

The primary legal issue before the Commission was whether the respondent's actions constituted a breach of clause 41 of the collective agreement. The Commission had to interpret the terms of the agreement and examine the evidence presented to determine if the respondent had failed to comply with its obligations towards Mr. Mifsud. Additionally, the Commission needed to decide on the appropriate remedies, including compensation and interest, should a breach be found.

The Commission found that the respondent had indeed breached clause 41 of the collective agreement. The Commission was satisfied that the respondent did not follow the correct procedures outlined in the agreement, leading to Mr. Mifsud's entitlements being improperly calculated. As a result, the Commission ordered the respondent to pay Mr. Mifsud the sum of $30,748.22 as compensation, along with interest of $4,590.33 from 22 March 2010, to be paid within 30 days. The Commission emphasised the importance of adhering to the terms of collective agreements and the need for employers to ensure compliance with the rights and entitlements of employees as set out in such agreements.