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AWU WA Branch secures a default judgement for member owed superannuation

September 23, 2020

The Industrial Magistrates Court of Western Australia has ordered that an employer pay over $11, 000 in superannuation entitlements to an AWU WA hair stylist member.

In the initial application to the Industrial Magistrates Court of Western Australia, AWU lodged for payment of owed superannuation and annual leave entitlements. An order was granted for the annual leave but the superannuation was outstanding.

The Director of the business claimed that the ATO had taken over the matter, and that he had agreed to a repayment schedule to the ATO that would be passed onto the member.

AWU requested evidence of such an arrangement before we would agree to discontinue the matter. The documents were not provided.

At a subsequent pre-trial conference, the Director agreed to provide the documents but this did not eventuate and he did not attend a further pre-trial conference or the directions hearing.

AWU applied for a default judgement on the matter, which was granted. The employer was ordered to pay the superannuation entitlements of $11,664.88, as well as 7% interest ($1,222.37), to the claimant’s nominated superannuation fund.

This is a great result after twelve months.

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