Airservices Australia Class Actions
If you were a member of a defined benefits scheme such as CSS or PSS and were made to switch to any superannuation scheme under AvSuper as a condition of employment please contact us HERE.
- 22 December 2017: Airservices Australia Class Action — We have filed a claim in the Federal Court of Australia on behalf of a group of managers on management contracts.
- 26 March 2018: Airservices Australia Class Action — We filed an amended statement of claim shifting the action to an open class and adding “Technical Professionals” as well as “ASAs” to the claim.
Adero is currently running a class action in the Federal Court of Australia on behalf of several Airservices Australia employees for various shortfalls in redundancy, superannuation and other entitlements resulting from management contracts offering less favourable outcomes than the applicable enterprise agreement
We are instructed that in the period between 1996 to 2017, Airservices Australia began introducing “management contracts” to some individuals at the levels ASA 7 to ASA 9. For these contracts to be deemed valid under the Fair Work Act 2009, they must improve or match the entitlements provided in the relevant Enterprise Agreement.
If you signed a management contract, you may be able to claim the following:
The management contracts provide fewer redundancy benefits for individual with lengthy periods of continuous service. Employees made redundant were given a payment capped at 6 months’ worth of their final salary. The Enterprise Agreement provides for a maximum of 75 weeks of salary depending on the length of continuous service.
There was a significant shortfall in the superannuation paid into the accounts of employees in accumulated funds superannuation schemes. The management contracts provided for superannuation to be paid at a lower rate than what is stipulated in the applicable Enterprise Agreement.
Employees were granted two extra days on top of annual leave during the Christmas period in the relevant Enterprise Agreement and this was not reflected in the management contracts.
The Airservices Australia Enterprise Agreements provided for an incremental salary increase in employees’ base salaries. We have been instructed by our claimants that this was not reflected in the management contracts that they were given.