Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103

Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103

Fortrend contravened s 323 of the Fair Work Act 2009 (Cth) by withholding bonus payments contractually owed and making unauthorised deductions from Mr Wollermann's salary, and s 536 by failing to provide compliant pay slips. Mr Forster was an accessory to bonus and deduction contraventions but not to the pay slip contravention. Both applicants are owed their long service leave entitlements under the Long Service Leave Act 2018 (Vic).

Parties
First Applicant: Christopher James Wollermann; Second Applicant: Stephen Matthew Lyle; First Respondent: Fortrend Securities Pty Ltd; Second Respondent: Joseph Burke Forster
Jurisdiction
Australia
Judgment Date
21 February 2025
Procedural Posture
Civil / Judgment (final Orders Reserved for Minutes)
Outcome
Applicants' claims succeed except accessory liability for pay slip contraventions.
Legal Topics
Withholding of Bonus Payments, Unlawful Deductions From Salary, Provision of Pay Slips, Accessory Liability, Long Service Leave Entitlements
Industrial Law Employment Law Withholding of Bonus Payments Unlawful Deductions From Salary Provision of Pay Slips Accessory Liability Long Service Leave Entitlements

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Parties

Christopher James Wollermann

First Applicant

Stephen Matthew Lyle

Second Applicant

Fortrend Securities Pty Ltd

First Respondent

Joseph Burke Forster

Second Respondent

Procedural Posture

Civil / Judgment (final Orders Reserved for Minutes)

Legal Issues

  1. 1 Whether the respondent contravened s 323 of the Fair Work Act 2009 (Cth) by withholding bonus payments and making unauthorised deductions from salary
  2. 2 Whether the respondent contravened s 536 of the Fair Work Act 2009 (Cth) by failing to provide timely and sufficient pay slips
  3. 3 Whether Mr Forster is liable as an accessory under s 550 of the Fair Work Act 2009 (Cth)

Ratio Decidendi

Fortrend contravened s 323 of the Fair Work Act 2009 (Cth) by withholding bonus payments contractually owed and making unauthorised deductions from Mr Wollermann's salary, and s 536 by failing to provide compliant pay slips. Mr Forster was an accessory to bonus and deduction contraventions but not to the pay slip contravention. Both applicants are owed their long service leave entitlements under the Long Service Leave Act 2018 (Vic).

Court Disposition

Applicants' claims succeed except accessory liability for pay slip contraventions.

Orders

  • Parties to bring in appropriate minutes to give effect to the reasons.
  • Fortrend to pay Mr Lyle long service leave of $109,254.41.