Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Compass Group Defence Hospitality Services Pty Ltd

Application for an unfair dismissal remedy- calculation of compensation to be ordered

• [1] On 25 August 2025 I handed down a decision in this matter.[1] I found that Compass Group Defence Hospitality Services Pty Ltd had unfairly dismissed Ms Budzinauskas and that I should make an order that she receive compensation. I stated that I had formed a provisional conclusion that Ms Budzinauskas receive compensation of 20 weeks pay, plus superannuation. This was based on my understanding that at the time of her dismissal, Ms Budzinauskas's weekly wage was $1,140.
• [2] However, the evidence did not allow me to form a concluded view. There was no evidence regarding Ms Budzinauskas's remuneration that would have permitted me to confirm the quantum of the order I provisionally proposed. Further, I did not have the evidence necessary to enable me to ensure that the compensation cap was applied, which in this case is the remuneration that Ms Budzinauskas received or was entitled to receive in the 26 weeks preceding her dismissal.[2]
• [3] As a result, I made directions requiring Compass to provide details of Ms Budzinauskas's weekly pay at the time of her dismissal, and the total amount of remuneration that she received, or was entitled to receive, in the 26 weeks immediately before her dismissal. I also made a direction to enable Ms Budzinauskas to challenge the information provided by Compass, if she wished to do so.

• [4] In emails to my Chambers received on 28 and 29 August 2025, Compass provided the following information:

(1) At the time of her dismissal, Ms Budzinauskas's weekly wage was $1,140 gross.

(2) In the 26 weeks immediately prior to her dismissal, Ms Budzinauskas received from Compass remuneration totalling $32,875.96.

• [5] In an email to my Chambers received on 1 September 2025, Ms Budzinauskas stated:

"Good afternoon, as I have no access to any of my payslips due to having no access to the online platform, I have no evidence of this being the total amount. All I have is the average I was paid per fortnight which was $ 2230 net."

• [6] On the same day, I arranged for an email to be sent to Ms Budzinauskas in these terms:

You will have seen from the emails below that Compass Group has informed the Commission that:

2. in the six months prior to your dismissal you received remuneration totalling $32,875.96.

Consistent with the direction the Commissioner made at paragraph [82(2)] of his decision of 25 August 2025, if you dispute the information that Compass Group has provided, you must file with the Commission, and serve on Compass Group, a document setting out the basis of your objection and any evidence in support of that objection by 4.00pm on 8 September 2025.

However, if you do not dispute the numbers we invite you to let us know at your earliest convenience. This will facilitate the Commissioner finalising his orders." (Emphasis in original)

• [7] On 2 September 2025, Ms Budzinauskas sent an email to my Chambers in which she stated:

"Good morning, I have no dispute. The Commissioner can finalise his orders. Thankyou."

• [8] For the reasons set out in my decision of 25 August 2025, I confirm my provisional conclusion that it is appropriate in all the circumstances of this case that Ms Budzinauskas receive compensation of 20 weeks pay at the weekly rate of $1,140, plus superannuation. The resulting total of $22,800 is less than the compensation cap.

• [9] I will make an order that Compass pay Ms Budzinauskas $22,800, less taxation as required by law, plus 11.5% superannuation.[3] The order will require payment to be made by 1 October 2025.

• [10] My order is issued separately to this decision in PR791363.

[1] Monica Budzinauskas v Compass Group Defence Hospitality Services Pty Ltd [2025] FWC 2495

[2] Sections 392(5) and (6) of the Fair Work Act 2009.

[3] The superannuation guarantee percentage at the time of the dismissal

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