Sturzenegger v Cosmos Building Services t/as Vastrans Pty Ltd

Sturzenegger (the appellant) brought an appeal against the decision of an arbitrator (the respondent) who had dismissed his claim for unpaid entitlements. The respondent, Cosmos Building Services trading as Vastrans Pty Ltd (the respondent employer), was the respondent to the appeal. The appeal was heard by the Fair Work Commission (FWC), with the primary issue being whether the FWC had an adequate basis for determining the claim.

The primary legal issue before the FWC was whether the decision of the arbitrator was flawed for failing to address a specific issue in the dispute. The appellant argued that the arbitrator had not properly addressed the issue of whether the respondent employer was required to pay the appellant’s entitlements under the applicable award and enterprise agreement. The respondent employer argued that the arbitrator had correctly found that there was no requirement to pay the appellant’s entitlements and that the appeal should be dismissed.

The FWC found that the arbitrator had failed to properly address the issue of whether the respondent employer was required to pay the appellant’s entitlements under the applicable award and enterprise agreement. The FWC held that the arbitrator’s decision was flawed because it did not address the issue of whether the respondent employer was required to pay the appellant’s entitlements. The FWC revoked the arbitrator’s decision and remitted the matter to a different arbitrator for all issues to be determined or re-determined. The FWC also ordered the respondent employer to pay the appellant’s costs of the appeal, as agreed or assessed.

In light of the FWC’s decision, the respondent employer’s appeal was dismissed and the matter was remitted to a different arbitrator for further determination. The FWC ordered the respondent employer to pay the appellant’s costs of the appeal, as agreed or assessed.