Bywater v Appco Group Australia Pty Ltd [2020] FCA 1537

Federal Court of Australia

Bywater v Appco Group Australia Pty Ltd [2020] FCA 1537 File number: NSD 1857 of 2016

Judgment of: LEE J

Date of judgment: 9 October 2020

Catchwords: REPRESENTATIVE PROCEEDINGS – settlement approval application pursuant to s 33V of Federal Court of Australia Act 1976 (Cth) – class action claiming compensation and penalties for underpayment of wages and entitlements under Fair Work Act 2009 (Cth) – where group member claims estimated at $65 million exclusive of interest – where settlement amount proposed to be paid is $1.9 million – where litigation funder seeks payment of 50 per cent of settlement amount and final group member distribution would total only $910,000 – where Court advised that respondent's net asset position only $2.1 million – where respondent restructured business – where solicitors for applicant concerned such restructure is attempt to defeat judgment or is a voidable or uncommercial transaction – where solicitors for applicant did not conduct investigations into such concerns – where litigation funder refused to fund investigations – on current state of evidence settlement not fair and reasonable in the interests of group members – application adjourned to allow parties to reopen evidence

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33N, 33V General Retail Award 2010 (Cth)

Cases cited: Turner v Tesa Mining (NSW) Pty Limited [2019] FCA 1644; (2019) 290 IR 388

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 21