The Arbitrability Of Employment Disputes In Australia

In Reeves v Alt Advisory (Jersey) Limited and Alt Financial Group Limited [2023] VSC 249 (Reeves), the Supreme Court of Victoria has enforced a private binding foreign arbitral award (arbitral award) issued pursuant to an arbitration agreement contained in an employment contract. The Court, of its own motion (the respondent did not appear in the enforcement proceedings), opined that the award granting an employee's claims for damages in respect of unpaid wages and housing costs did not give rise to any issues with respect to the arbitrability of the dispute.

However, it is important to note that not all arbitration agreements and awards concerning employment matters will be enforced in Australia. In particular, there is a distinction between the arbitrability of employment disputes in: