Public Cases

NOTE: The tribunal found that the Applicant was dismissed unfairly. The Applicant was awarded a number of weeks' pay less appropriate taxation, plus
superannuation. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo prepared the Applicant's written submissions.

DECISION URL: https://jade.io/article/1133488

NOTE: The tribunal dismissed the application for want of prosecution. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo prepared the Respondent's written submissions. 

DECISION URL: https://jade.io/article/1115203 

NOTE: The Full Bench found against the Appellant employer: the original decision was correct. The appeal was dismissed.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for Mr Koulakis.

DECISION URL: https://jade.io/article/1076335 

NOTE: The tribunal found in favour of the Applicant and reinstated the employment. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo prepared the Applicant's written submissions. 

DECISION URL: https://jade.io/article/949482 

NOTE: The Fair Work Commission tribunal found in favour of the Applicant's submissions that contended that the Northern Territory Police Arbitral Tribunal is not a “tribunal” within the meaning of section 53(3) of the Police Act (NT).

This is because the Northern Territory Police Arbitral Tribunal is a “tribunal established by enactment before 1 July 1978” within the meaning of section 53(3) of the Self Government Act (Cth). 

The Northern Territory Police Appeal Boards is not, because the Board was not “established by enactment” within the meaning of section 53(3) of the Self Government Act (Cth).

REPRESENTATION/ SUBMISSIONS: Catherine Matarazzo for the Applicant.

DECISION URL: https://jade.io/article/940699

NOTE: The tribunal dismissed the Respondent's jurisdictional objection that the Applicant was not dismissed within the meaning of section 386 of the Fair Work Act(Cth).

The tribunal also dismissed the Respondent's jurisdictional objection that the Applicant's application is statute barred pursuant to section 725 of the Fair Work Act (Cth) and found this claim by the Respondent to be incorrect.

The tribunal ruled that the Respondent was incorrect in claiming that the only body who could review the decision of the Northern Territory Public Sector Appeal Board (PSAB) is the Supreme Court of the Northern Territory (NTSC) and not the Fair Work Commission.

REPRESENTATION/ SUBMISSIONS: Catherine Matarazzo for the Applicant.

DECISION URL: https://jade.io/article/933621

NOTE: The tribunal found in favour of the Applicant: there was an entitlement to back pay for higher duties.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Applicant. 

DECISION URL: https://jade.io/article/1058393 

NOTE: This industrial relations dispute matter was heard at the Fair Work Commission in Darwin. Pursuant to the enterprise agreement, the Fair Work Commission determined that the engineers were entitled to additional payments for the alteration of their hours of work.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo of Lucio Matarazzo Pty Ltd, and Steve Hatton of Hatton Enterprises, for the Applicant engineers.

DECISION URL: https://jade.io/article/868355 

NOTE: The tribunal found in favour of the Respondent: there was compliance with the Small Business Fair Dismissal Code. The unfair dismissal application failed. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Respondent.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2020fwc5549.htm 

NOTE: The tribunal determined that the Applicant did not resign but that the Respondent dismissed the Applicant. The tribunal awarded the casual employee Applicant five weeks’ pay being an amount of $3,576.38.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo prepared the Applicant's written submissions.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2020fwc4080.htm

NOTE: Lucio Matarazzo successfully argued that the Respondent did not have a valid reason for dismissal related to the Applicant’s conduct.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Applicant.

DECISION URL: https://jade.io/article/697084 

NOTE: The tribunal found in favour of the Respondent: the exercise of the Applicant’s workplace right by making a complaint was not the reason or part of the reason that the Respondent dismissed the Applicant.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Respondent.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc1833.htm 

NOTE: The tribunal found in favour of the Respondent. It was found out that there was no dismissal and that the Applicant resigned from their employment.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Respondent.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2017fwc4145.htm

NOTE: Lucio Matarazzo was successful in seeking an eight-week extension of time (to lodge an application) due to exceptional circumstances. A previous representative had filed a late initial application and then discontinued the application without telling the Applicant.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc6658.htm 

NOTE: The tribunal found in favour of the Respondent: the enterprise agreement termination provisions of the Fair Work Act do not include reference to the status of rights under the terminated agreement. A the time at which the enterprise agreement was terminated, the Applicant's employment rights and obligations reverted to the minimum provisions of the National Employment Standards, the Modern Award and any private contract terms that may apply and which are not inconsistent either with the legislation or the Modern Award.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1523.htm 

NOTE: Lucio Matarazzo was successful in arguing a jurisdictional objection to the application. The Respondent did not terminate the Applicant’s employment. The employment ended on the end date stated in the fixed term contract of employment. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Respondent.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2015fwc7368.htm 

NOTE: The tribunal accepted the Respondent's argument that reference to job titles was exhaustive for job classification purposes, and the Applicants were not covered by the subject enterprise agreement.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Applicants. 

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2014fwc6872.htm 

NOTE: Lucio Matarazzo was successful in arguing a jurisdictional objection to the application. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Respondent.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2014fwc7177.htm 

NOTE: The tribunal approved the Parap Family Centre Enterprise Agreement 2013 -2016. The tribunal was satisfied that the relevant requirements for approval were met. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo represented the employer and made the application pursuant to s185 of the Fair Work Act 2009.  

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2013fwca8418.htm 

NOTE: The tribunal accepted that the subject dispute settling procedure did apply to the Applicant. The tribunal did not accept that the Applicant was entitled to redundancy pay pursuant to a policy in place when a role held by the Applicant was made redundant.  

REPRESENTATION/ SUBMISSIONS: Lucio Matarrazzo for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2013fwc5592.htm 

NOTE: The tribunal found in favour of the Applicant and observed that performance management is a central responsibility of any manager. Simply indicating displeasure with an employee’s performance does not amount to performance management. There is a responsibility to explain where an employee’s performance is unsatisfactory and to also explain what is required in order for an employee to address the unsatisfactory performance. It is incumbent on a manager to explain to an employee what may happen if they fail to address the identified problems.

REPRESENTATION/ SUBMISSIONS: Lucio Matarrazzo for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/2012fwa8048.htm 

NOTE: The tribunal found in favour of the Applicants. A requirement to attend for work, including for a disciplinary process, outside the employee's agreed hours, was a requirement to work overtime. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the ASU (SA & NT) for the Applicants.

DECISION URL: This decision isn't available online. It is separate support material.

NOTE: The court (small claims jurisdiction) found in favour of the Plaintiff. In accordance with the relevant provisions in the subject workplace instrument and long service leave legislation, there was an entitlement to pro rata long service leave based on more than seven years of service.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the ASU (SA & NT) for the Plaintiff.

DECISION URL: https://localcourt.nt.gov.au/sites/default/files/decisions/20100316ntmc018.htm 

NOTE: The tribunal found that the Applicant's salary did not exceed the statutory limit in the Workplace Relations Act (Cth) for unfair dismissal applications. The Applicant was covered by a Federal Award and the AIRC could deal with the Applicant's unfair dismissal application.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo of the Australian Municipal, Administrative, Clerical & Services Union (SA & NT) for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr972245.htm 

NOTE: The tribunal accepted the argument that the subject award be varied to effect a correction, with retrospective operation. The tribunal was satisfied that there was an exceptional circumstance to support retrospectivity. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Municipal, Administrative, Clerical & Services Union (SA & NT).

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr958278.htm 

NOTE: The tribunal accepted the argument that the AIRC Wage Case 2004 increase should flow on to the Grade 3 pay point 5 classification in the subject enterprise agreement. It was irrelevant that the classification Grade 3 pay point 5 was deleted from the relevant award.  

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Municipal, Administrative, Clerical & Services Union.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr953599.htm

https://classic.austlii.edu.au/au/cases/cth/AIRC/2004/1156.html 

NOTE: The tribunal accepted that a disputed interpretation of an enterprise agreement clause was within the tribunal's dispute settling jurisdiction.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo successfully countered the Council's jurisdictional objection.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr950265.htm 

NOTE: The tribunal concluded that the industry award covering the majority of employees in the enterprise was the only appropriate award to cover the employer, with regard to the needs of the enterprise. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Municipal, Administrative, Clerical & Services Union.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr942752.htm 

NOTE: The tribunal approved a further 3 higher classifications inserted into the common rule General Clerks (NT) Award 2000 thus creating a new six-grade skills-based classification structure.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo with J Nucifora & K Harvey for the Australian Municipal, Administrative, Clerical & Services Union.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr942520.htm 

NOTE: The tribunal accepted Applicant submissions that the employer’s attempt to convert employment from permanent full time to casual was unfair. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Services Union for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr931172.htm 

NOTE: The tribunal accepted that TOIL can't be unilaterally paid out without consent and can't be extinguished if not taken.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo successfully advocated the case for the ASU that Qantas could not under clause 29.6 of the Airlines Officers (Qantas Airways Limited) Award unilaterally pay out employees’ days in lieu falling on a public holiday on their anniversary date of employment, if they had not been taken, without the relevant employee’s consent.

DECISION URL: This decision isn't available online. It is separate support material.

NOTE: The tribunal approved the negotiations and the redrafted version of the Social & Community Services Industry - Community Services Workers - Award (NT) by L Matarazzo & B O’Brien from the ASU, and the employer representatives.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo with B O'Brien for the ASU. 

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr920526.htm 

NOTE: The tribunal accepted the arguments made by union representative Lucio Matarazzo, on both merits and jurisdiction grounds.

REPRESENTATION/ SUBMISSIONS: The ASU referred to a number of decisions of both the AIRC and the Federal Court which considered fixed contracts of employment which, in general terms, supported the view that employment for a specified period of time should have certainty as to the date of commencement and the date of completion.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/pr924648.htm 

NOTE: The tribunal concluded that the employee was a fixed term employee. But noted the Applicant submission: the employer and a fixed term employee may agree to the duration of the period of employment being extended once only. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo of the Australian Municipal, Administrative, Clerical & Services Union for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/s3279.htm 

NOTE: The five member Board chaired by the NT Industrial Registrar found that the employee was under-classified under the NT Social & Community Services Award.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo successfully sought back pay of over $3000.

DECISION URL: This decision isn't available online. We aren't able to source a copy.

NOTE: The tribunal approved the negotiations and the redrafted version of the Pitjantjatjara Council & Associated Organisations Award by Lucio Matarazzo for the the ASU, the LHMU, & R Somes from IR 2000 for the employer.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Municipal, Administrative, Clerical & Services Union.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/t3896.htm 

NOTE: The tribunal ruled that the Applicants were covered by the common rule Northern Territory Social & Community Services Award, and awarded back pay for under-classification.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Municipal, Administrative, Clerical & Services Union for the Applicants.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/r9324.htm 

NOTE: The tribunal did not accept the employer’s claim that the employee was still serving a probationary period of employment.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo union representative for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/r9417.htm 

NOTE: The tribunal ruled that the employee was not under-classified pursuant to the grade in which she was placed under the Pitjantjatjara Council & Associated Organisations Award.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo of the Australian Municipal, Administrative, Clerical & Services Union for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/p8992.htm 

NOTE: The tribunal did not accept the employer’s claim that the employee was still serving a probationary period of employment.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo union representative for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/q1043.htm 

NOTE: The tribunal accepted the Applicant submission that the common rule award applied at the time of the Applicant's termination: probation shall be no greater duration than six weeks for grades 1 to 4. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo union representative for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/q6136.htm 

NOTE: The Applicant was unsuccessful in her claim of alleged unfair dismissal.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo of the Australian Services Union for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/q6375.htm 

NOTE: The Full Bench quashed the original decision and supported the position that the Applicant had not lodged his unfair dismissal out of time. 

REPRESENTATION/ SUBMISSIONS: As Lucio Matarazzo put it in the proceedings: "Ian Russell had lodged an unfair dismissal claim within what we believe was 21 days on formally being told by Darwin City Council that he had been unsuccessful in his interview in February 1997. The issue of debate here from the ASU's point of view is that Ian lodged an unfair dismissal claim within 21 days of formally being told by Council that he no longer had a job at Darwin City Council."

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/p5437.htm 

NOTE: The Court found that the alleged redundancy of the ASU member Mr Leon McDonald was not bona fide.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo Industrial Officer for the Applicant.

DECISION URL: This decision isn't available online. It is separate support material.

NOTE: The decision established the precedent for employees in all the NT's seven Municipal Councils that all employees (and their eligible partners and dependents) employed prior to 3 February 1993, were entitled to airfares, irrespective of whether or not they were permanent prior to that date. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo successfully advocated that whilst the two ASU members were casual employees up to and prior to 3 February 1993, their entitlement to airfares commenced accruing on the date they subsequently became permanent after 3 February 1993, the same date they commenced accruing annual leave entitlements.

DECISION URL: This decision isn't available online. We aren't able to source a copy. The regulator's file has been destroyed per a records destruction timeline.

NOTE: The tribunal approved the ASU’s application to flow on the arbitrated national wage case rises from the Wage Fixing Principles of October 1993 to this common rule award.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Australian Municipal, Administrative, Clerical & Services Union.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/l1771.htm 

NOTE: The tribunal commended the parties for negotiating to create the Career Start Traineeship (NT) Award 1993 for private sector clerical employees for the provision of traineeships under the Commonwealth Government sponsored Career Start Program.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Federated Clerks Union of Australia.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/k8314.htm 

NOTE: The tribunal approved the FCU’s application to clarify and remove the ambiguity in this Award in relation to rostered days off that fall on a public holiday. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Federated Clerks Union of Australia.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/k3788.htm 

NOTE: The FCU sought to have Easter Saturday in the Clerical Officers NT TAB Award attract public holidays penalty rates payments for employees as opposed to single time, to harmonise with corresponding awards in other states. 

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Federated Clerks Union of Australia.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/j7060.htm 

NOTE: The Full Bench approved the FCU’s application to flow on the standard 38 hour week into this common rule award pursuant to national wage case principles.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo for the Federated Clerks Union of Australia.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/j9150.htm 

NOTE: The tribunal determined that the Applicant had been treated unfairly and a private settlement was reached to settle this matter.

REPRESENTATION/ SUBMISSIONS: Lucio Matarazzo of the Federated Clerks Union of Australia for the Applicant.

DECISION URL: https://www.fwc.gov.au/documents/decisionssigned/html/k0647.htm