Payne v Secure Melbourne Protective Services Pty Ltd [2023] FCA 1311

Payne v Secure Melbourne Protective Services Pty Ltd [2023] FCA 1311

The respondent breached cl 20 of the Security Services Industry Award 2010 by failing to make timely superannuation contributions, thereby contravening s 45 of the Fair Work Act 2009 (Cth). As a result, the applicant lost an 80% chance of making a successful claim for a $100,000 insurance payout under his superannuation fund; accordingly, compensation is assessed at $80,000 with interest from 12 February 2019.

Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Application for Compensation for Breach of Statutory Duty and Award Under Industrial Law / Default Judgment After Respondent Failure to Appear
Outcome
Judgment for the applicant for compensation and interest
Legal Topics
['breach of Award' 'failure to Pay Superannuation' 'compensation for Lost Opportunity' 'assessment of Damages' 'default Judgment']
['industrial Law' 'employment Law'] ['breach of Award' 'failure to Pay Superannuation' 'compensation for Lost Opportunity' 'assessment of Damages' 'default Judgment']

Case Brief

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Procedural Posture

Application for Compensation for Breach of Statutory Duty and Award Under Industrial Law / Default Judgment After Respondent Failure to Appear

Legal Issues

  1. 1 ['Whether respondent contravened s 45 of the Fair Work Act 2009 (Cth) by failing to pay superannuation contributions as required by the Security Services Industry Award 2010' 'Whether applicant suffered loss by lost opportunity to successfully claim insurance under superannuation policy and is entitled to compensation and interest' 'Assessment of value of that lost opportunity']

Ratio Decidendi

The respondent breached cl 20 of the Security Services Industry Award 2010 by failing to make timely superannuation contributions, thereby contravening s 45 of the Fair Work Act 2009 (Cth). As a result, the applicant lost an 80% chance of making a successful claim for a $100,000 insurance payout under his superannuation fund; accordingly, compensation is assessed at $80,000 with interest from 12 February 2019.

Court Disposition

Judgment for the applicant for compensation and interest

Orders

  • ['There be judgment for the applicant in the amount of $80,000.00' "Interest awarded pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) and/or s 547(2) of the Fair Work Act 2009 (Cth) from 12 February 2019 at rates set by the Court's practice note" 'Assessment and submissions for costs adjourned for...