Wright v Ultra Tune Warrandyte Pty Ltd (in Liquidation)

Wright, the applicant, brought proceedings against Ultra Tune Warrandyte Pty Ltd (in Liquidation), the respondent, alleging that the respondent had taken adverse action against him in contravention of the *Fair Work Act 2009* (Cth) and had breached the relevant award. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the respondent had engaged in adverse action against the applicant, and if so, whether this action was taken for a proscribed reason under the *Fair Work Act 2009* (Cth). The Court was also required to determine whether the respondent had breached the terms of the applicable award in its dealings with the applicant.

Judge Kirton QC found that the respondent had indeed taken adverse action against the applicant. The Court reasoned that the applicant's dismissal was motivated by his engagement in industrial activities, specifically his complaints about his employment conditions and his intention to report the respondent to the Fair Work Ombudsman. This conduct was found to be a proscribed reason for the adverse action under section 340(1)(a) of the *Fair Work Act 2009* (Cth). The Court further determined that the respondent had breached the relevant award by failing to provide the applicant with adequate notice of termination.

The Court ordered that the respondent pay the applicant compensation for the loss suffered as a result of the unlawful adverse action and the award breach.