Fair Work Commission|2025-05-16

The Applicant has advised me that he been unemployed since his termination. I note that the Applicant is an elected Councillor of the Central Desert Regional Council, and receives a stipend of some $50,000 per annum. The Applicant is not an employee of the Council and being a Councillor is not considered as employment, nor is the stipend considered to be wages. I find that the stipend that the Applicant receives from the Council is not money that he has received since his termination for the purposes of this calculation.

I have decided to apply a contingency of 10% in this circumstance.

The order that I will make is subject to the appropriate taxation.

[47] Therefore, the amount to be paid to the Applicant is 11.7 weeks' pay. The Applicant was earning $80,000 per annum, which equates to $1538.46 per week.

[48] On the basis that my order is for 11.7 weeks' pay, the actual dollar amount to be paid to the Applicant is $17,999.92 less appropriate taxation, plus superannuation.

[49] I order that the Applicant be paid $17,999.92 less appropriate taxation, plus superannuation.

Printed by authority of the Commonwealth Government Printer

Mr Jeffrey Iversen v Arramwelke Aboriginal Corporation [2025] FWC 1352 (16 May 2025)

"The second aspect, critical to this appeal, relates to the weight or cogency of the evidence: that is, as a general proposition, evidence, which is not inherently incredible and which is unchallenged, ought to be accepted: Precision Plastics Pty Limited v Demir [1975] HCA 27; (1975) 132 CLR 362 at 370-371 (per Gibbs J, Stephen J agreeing, Murphy J generally agreeing). The evidence may of course be rejected if it is contradicted by facts otherwise established by the evidence or the particular circumstances point to its rejection."

Mr Jeffrey Iversen v Arramwelke Aboriginal Corporation [2025] FWC 1352

At a glance

Court

Decision date

Source

Judgment (15 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (8)

Mr Jeffrey Iversen v Arramwelke Aboriginal Corporation [2025] FWC 1352 (16 May 2025)