Successfully Defending a Peak Industry Body in Australia’s High Court

CHALLENGE

Many workers in Australia are paid a pieceworker rate, rather than an hourly wage or salary. These rates are agreed by employers and employees to ensure that the average, competent worker can earn at least the minimum hourly rate for their industry.

Seyfarth was instructed to represent a peak industry body to defend proceedings initiated by the Fair Work Ombudsman—Australia’s workplace regulator—relating to the construction of the piecework provisions in an industry award. Industry awards set out the minimum employment standards in a particular industry.

SOLUTION

We were successful in challenging the construction sought by the regulator, which would have established new law. The Federal Court upheld our client’s position on the construction of the provisions in its entirety.

The regulator then instituted an appeal to the Full Court of the Federal Court. Again, the construction contended for on behalf of the client was upheld on appeal. The regulator then sought special leave to appeal to the High Court, and we again represented the client in those proceedings.

RESULT

This was an important test of pieceworker rates on a national basis. The outcome ensured that that arrangements in this industry and other industries could continue to operate.