Suppose a lone employee applicant wins a case for underpayment in the Fairwork Division of the Federal Circuit Court and is entitled to be paid a pecuniary penalty order against the employer on top of the pay correction.
If the court is satisfied that the underpayment also affects x number of other employees, say, 200 employees, can the court do the following?
1. Can the court order the respondent to correct the pay of the 200 employees?
2. Can the court take in to consideration the underpayment to the 200 employees in the amount of pecuniary penalty paid to the employee applicant as the common informer?
Another way of putting this question is can a case in the Fairwork division function like a class action without technically being one? Surely this is what is happening if the Ombudsman or a union brings a case.
If the court is satisfied that the underpayment also affects x number of other employees, say, 200 employees, can the court do the following?
1. Can the court order the respondent to correct the pay of the 200 employees?
2. Can the court take in to consideration the underpayment to the 200 employees in the amount of pecuniary penalty paid to the employee applicant as the common informer?
Another way of putting this question is can a case in the Fairwork division function like a class action without technically being one? Surely this is what is happening if the Ombudsman or a union brings a case.
