United Workers' Union v Victorian Protection Security Services Pty Ltd

The Federal Circuit and Family Court of Australia (Division 2) presided over a case involving the United Workers' Union (UWU) as the applicant and Victorian Protection Security Services Pty Ltd (VPSS) as the respondent. The UWU filed a proceeding on behalf of one of its members, Mr. Sahi, against VPSS, alleging multiple contraventions of the Fair Work Act 2009 (FW Act) and the Security Services Industry Awards 2010 and 2020. UWU claimed that VPSS failed to pay Mr. Sahi the appropriate wages, superannuation contributions, and annual leave payments, and misrepresented the nature of Mr. Sahi's employment contract.

The court was required to decide whether VPSS was in default, as defined by the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (GFL Rules), and if so, whether to grant the relief sought by UWU. The court considered the principles established in previous cases, which held that a statement of claim must plead at least one reasonable cause of action that supports the granting of the relief sought, and that the court retains a discretion not to make an order under r 13.05(2)(c) of the GFL Rules even if the preconditions for making an order are satisfied.

After reviewing the facts and matters alleged in the statement of claim, the court found that VPSS was indeed in default, as it had failed to file a notice of address for service, a reply, or a defence. The court also determined that UWU was entitled to the declarations and orders it sought, and would make declarations and orders substantially to the effect claimed by UWU. The court further decided to order VPSS to pay interest on the amounts it ought to have paid, but did not pay to Mr. Sahi, pursuant to s 211(3) of the Federal Circuit and Family Court of Australia Act 2021 (Cth).

In summary, the Federal Circuit and Family Court of Australia (Division 2) found the respondent, VPSS, in default and granted the relief sought by the applicant, UWU. The court declared that VPSS had contravened various provisions of the Fair Work Act 2009 (FW Act) and the Security Services Industry Awards 2010 and 2020, and ordered VPSS to pay compensation and interest to Mr. Sahi. The court also reserved the liberty for UWU to apply for the payment of pecuniary penalties in the future.