The National Union of Workers is a collective of tens of thousands of members across Australia who are unified to fight for decent working conditions, living wages, and a fair go for Australian workers. The NUW represents workers in sales and marketing. The NUW is proud to partner with Chamberlains Law Firm in bringing a group claim against AIDA, acting as the named applicant to ensure that a fair and equitable outcome can be reached on behalf of workers.

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Sometimes it is too difficult or too expensive for one person to sue a company on their own. A class action allows people with similar circumstances to bring a claim as a group to demand justice.

Class actions are brought to court by a single representative (called the ‘lead claimant’). The lead claimant is named and appears in court on behalf of the group, and has the responsibility for giving legal instructions on behalf of the group.

Other claimants do not have to have an active role in the action: they are not required to provide evidence, attend court or otherwise participate in proceedings. However, they still get the benefits of the class action if there is a settlement or a win in court.

Section 539 of the Fair Work Act (2009) (Cth) allows a union such as the NUW to bring a claim on behalf of its members. It is similar to a class action in that it involves a group of individuals with similar claims. However, in class actions, the Court has to determine whether the group of individuals can be considered a ‘class’, and this can be time consuming and expensive. Section 539 proceedings don’t require this process.

Having the NUW as the lead claimant in our campaign brings strength, efficiency and predictability to the proceedings.

As a union, the NUW is a powerful claimant against AIDA. Like all Unions, the NUW has a statutory power to represent individual workers, and can bring a claim on behalf of its members without having to satisfy legal requirements to form a “class” for the purposes of a class action. In short, having the NUW as the lead claimant in our fight against AIDA brings strength, efficiency and predictability to proceedings.

Yes – and Chamberlains and the NUW have designed several membership packages so you can choose the right fit for you. The memberships include:

  • Full NUW membership – $12 per week for full time workers or $6.90 per week for part time or casual workers; and
  • FairGo membership – once off payment of $12 and an additional payment upon a successful outcome in the claim.

Full Membership

Chamberlains encourages you to consider full, ongoing membership if you work in an industry represented by the NUW (such as sales and marketing). There are many benefits to membership, including:

  • representation at work; and
  • assistance in collective bargaining processes, to secure jobs and fair pay.

Full membership enables you to join the group claim.

FairGo Membership

The FairGo membership is the minimum NUW membership required to join the group claim as a claimant. This involves:

  • an initial once off payment of $12; and
  • If there is a settlement or outcome that results in a payment to you, an additional fee of $612 to the NUW, taken out of the settlement proceeds.

We at Chamberlains feel that these memberships are excellent value for money, given the support that the NUW will provide to the group claim.