Sheehan v Thiess Pty Ltd (No 2) [2023] FCA 696

Sheehan v Thiess Pty Ltd (No 2) [2023] FCA 696

Having regard to the relevant principles, the agreed terms, the absence of objections from group members, the negotiated settlement supported by counsel's opinion, the agreed gross payment methodology and the fact that no group member payment would be applied to legal costs, the Court was satisfied that the settlement terms were reasonable and that the proposed orders should be made.

Jurisdiction
Australia
Judgment Date
23 June 2023
Procedural Posture
Representative Proceeding in the Fair Work Division Concerning Alleged Underpayments Under an Applicable Workplace Agreement / Application for Approval of Settlement Determined on the Papers
Outcome
Settlement approved and orders made for notification to group members, reporting of payment compliance, and discontinuance after filing of the notice of discontinuance in accordance with the Deed.
Legal Topics
['settlement Approval' 'underpayment Claims' 'workplace Agreement' 'group Members' 'discontinuance']
['employment and Industrial Relations' 'representative Proceedings'] ['settlement Approval' 'underpayment Claims' 'workplace Agreement' 'group Members' 'discontinuance']

Case Brief

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Procedural Posture

Representative Proceeding in the Fair Work Division Concerning Alleged Underpayments Under an Applicable Workplace Agreement / Application for Approval of Settlement Determined on the Papers

Legal Issues

  1. 1 ['Whether the proposed settlement of the representative proceeding should be approved under s 33V and/or s 33ZF of the Federal Court of Australia Act 1976 (Cth).' 'Whether the settlement terms were fair and reasonable having regard to the interests of group members.' 'Whether the proceeding should be discontinued on the agreed terms after implementation of the settlement.']

Ratio Decidendi

Having regard to the relevant principles, the agreed terms, the absence of objections from group members, the negotiated settlement supported by counsel's opinion, the agreed gross payment methodology and the fact that no group member payment would be applied to legal costs, the Court was satisfied that the settlement terms were reasonable and that the proposed orders should be made.

Court Disposition

Settlement approved and orders made for notification to group members, reporting of payment compliance, and discontinuance after filing of the notice of discontinuance in accordance with the Deed.

Orders

  • ['Pursuant to s 33V and/or s 33ZF of the Federal Court of Australia Act 1976 (Cth), the settlement of the proceeding be approved on the terms set out in the Deed of Settlement and the Settlement Scheme.' 'On or before 3 July 2023, for the purposes of s 33X and s 33Y of the Federal Court Act, the applicant shall...