Air Services Australia
AirServices Australia Management Contracts
Chamberlains has been informed that in the period of 1996 to 2017, Airservices Australia (Airservices) began introducing “management contracts” to various individuals employed at Airservices at the levels ASA 7 to ASA 9.
Significantly, the redundancy benefits described by the management contracts were less favourable than those of the relevant Enterprise Agreements.
The management contracts:
a. capped the accrued entitlements for the purpose of a redundancy to a 6-month period; and
b. did not recognise an employee’s prior service in other government agencies.
On the other hand, pursuant to the Enterprise Agreements:
a. employees were entitled to redundancy entitlements of up to 75 weeks; and
b. an employee’s prior service in other government agencies was taken into account for the purpose of redundancy entitlements.
In the period of 2016, Airservices engaged in one of the largest government business redundancy programs ever recorded.
Chamberlains Law Firm considers that the introduction of the management contracts was unlawful under the Fair Work Act 2009 and by operation of the enterprise agreements in force from time to time.
Chamberlains considers that individuals who received reduced entitlements under the management contracts are entitled to damages even where they may have received a higher total amount of remuneration compared to enterprise employees.
Chamberlains is investigating the possibility that by accepting the management contracts prior to being made redundant in 2016, the claimants suffered losses of between $30,000 to $50,000 of their redundancy entitlements.
Air Services Superannuation Policies
In addition to the above, Chamberlains is investigating allegations that in the period between 1996 and 2016 Airservices adopted policy directions whereby all new employees of Airservices were required to become members of the appointed superfund of Airservices under the certified agreement, being AVSuper.
It is alleged that claimants were told, or otherwise not informed, that they could continue making superannuation contributions to existing funds.
Chamberlains considers that this may not have been correct at law and that the claimants are likely to have suffered a reduction in their superannuation payments as a result.
How can we help?
Chamberlains Law Firm is offering free initial legal advice to claimants regarding their entitlements and rights pursuant to management contracts and superannuation schemes.
Chamberlains is offering this advice with a view to completing the formation of a group or class proceedings against AirServices Australia.
Are you affected?
Did you work for AirServices Australia in the period of 1996 to 2016 under an agreement other than the enterprise agreement? Did you enter a management contract, and were you recently made redundant?
Were you ever advised by AirServices that you could not participate in the Commonwealth Superannuation Scheme and the Public-Sector Superannuation Scheme but had to join the Public-Sector Superannuation accumulation plan?
If any of these questions apply to you, please contact us via the link below.