Page 53 - Australian Defence Magazine September 2019

over the project life.
“The new facilities for the Joint Strike
we’re spending around $900 million per year
on estate maintenance, which is double what we
were spending three or
four years ago. That is giving us an opportunity
to really look across the estate and deliver a whole range of minor improvements.”
Service delivery
One of the ongoing activities within E&IG is a focus on improving the delivery of ser- vices on Defence establishments.
Servicemen and women, aggrieved that Australia’s Defence Forces as their
the expertise of ours to he
Fighter at RAAF Williamtown are open,
com
decision of the
‘‘employer’’ have failed to meet contractual
e
s
fro
ma
and we have the first four aircraft using
services contracto
lp
obligations owed to them, may now be able to
successfully sue for compensation and
them,” Grzeskowiak said. “At RAAF Tin-
S Appeal.
to
f
damages.
daTlhtehbereeaqktuhirvouaglehncotmfeascfirloimtieasdefcoisriotnhe squadron
N
W
C
our
of the NSW Court of Appeal (Searle v.
us to manage bases.”
to be based in the NT (75 Sqn) are well ad-
Commonwealth of Australia 2019 NSWCA 127) which, at the end of May, ruled that
vanced and the first aircraft will arrive in a
damages can be awarded to marine trainee ytecahrniocriansos rfercorumitend ionwto.t”he Royal
Australian Navy under a contract which the
One example of this has been the consoli-
dation of call centres and enhanced internal
websites, so customers can more easily access
Other capital expenditure projects in-
Navy made no serious effort to perform. cluTdhesutchcessfruel dmearvienelotrpamineens t of
RAAF East Sale, largely to accommodate the new pi-
continue to be represented by
Levitt Robinson, lawyers of
lot training system being delivered under
the services available to them. Another case
Surry Hills, Sydney.
The lead plaintiff,
AClairyt5on4S2ea8r;let, whaes redevelopment of Campbell
The Navy plaintiff was study is the streamlinianwgardoefd $t6h0e,00h0opulusse re-
awarded $60,000 plus
interest and costs, says
Barracks in Western Australia, to support
movals process, which involves up to 18,000
interest and costs. Up to another 300 group
Levitt Robinson’s Stewart
the SAS Regiment; the redevelopment of
ADF members and their families every year,
members in the class
HMAS Stirling, also in WA, the $500 mil-
contractual promises. ‘‘Enlisted men and women do not have a sitting idle, stuck in dead-end jobs and
At the initial hearing, right in civil law to sue the Commonwealth subject to military discipline, just marking
action are also now
lion redevelopment of HMAS Coonawarra
to streamline the process and make them has been running a prototype of an inte- Justice Fagan in the for things that happen in the ordinary course time until they could be discharged,’’ he says.
entitled to access similar
compensation, says
aLnevdittLRoabrirnasoknesyeanihor Barracks in the NT; and
mNoSrWe SucpruesmteoCmouert-focusosfetdhe,”ir miGlitarrzyessekrvoicwe, iaankd also dgornaoted onlin‘e‘Fsryomsttehme enoqvueirietshwe’lvaesrtectewivoedywehailres, held that the enjoy the protection of the Fair Work Act,’’ this case has been running, there have been
partner Stewart Levitt.
explained to ADM. “We’re running work- which enables affected personnel to access
HMAS Cerberus in Victoria.
MONDAY, JULY 29, 2019 THE SYDNEY MORNING HERALD 31 Workplace contractual disputes Advertising Feature
run in many years, a total of $1.4 billion maintenance budget and
Defence staff win ‘David and Goliath’ case
“We’re looking to drawbaosne
The breakthrough
“We’ve been running a range of projects
that look at improving how we do business as their posting cycle comes around. E&IG
similar incidents in the Army and Air Force Court of Appeal decision sets a bound itself by contract to the ‘‘However, military personnel can now sue – not just the Navy – so there would be many
The unanimous, landmark
Commonwealth could not have says Stewart Levitt.
“There are big capital expenditure projects shops with our customer base, using a ‘voice all the information they need to affect a relo- precedent that could be relied on by other sailors because this would have been a the government for anything they people who could pursue their rights, if they
happening all around the country, ‘w‘fehttiecrh’’oinstheNoavfy’tsh‘‘reighctuosftcommearn’da’’pprocaoncthracatnedtowdoewitnhcDleufednecethatcwataison. Thiasrepnroottiomtey-bpaerreisd.’n’ ow being refined military personnel who find themselves in a
similar predicament. and could have given rise to operational above or beyond their standard obligations Levitt Robinson is a boutique city firm
one of the things we wanted to be able to do the customer in the design of new or refined for adoption on a permanent basis. Searle and the other sailors alleged that interference. as enlisted men and women, if Defence with a penchant for taking on ‘David and
ftohellNoawvyihnagd ctohnteraWctedhwititeh tPheamp,ehro,l”dinGg rzeskHioweavekr, JustipceroFacgeasns’sadnecdisrioenawllays try tobrleiasctheens thoeitrhcoenitraicsts.ues GrzeskoGwoliiatkh’ scasyes. a recent customer sat-
itself out as a Registered Training overturned on appeal, and the ‘‘The Navy held itself out to the Victorian It is representing several senior banking
said. “At the same time, we have an increased and then address them.” isfaction survey across the enabling service
Organisation (RTO) and as their ‘Employer’, to provide them with a Certificate IV in Engineering, but failed to honour its
Commonwealth has elected not to seek leave to appeal to the High Court, so the NSW Court of Appeal’s decision stands.
State Government as an RTO, to obtain benefits available under a State Training Scheme, but then left hundreds of sailors
whistleblowers and is running class actions on behalf of 7-Eleven franchisees, and Aveo retirement village residents.
11257 DFM Levitt Lawyers.indd 1
www.australiandefence.com.au | September 2019 | 53 15/08/19 9:55 AM
Levitt (left).
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