Jason Slack and Travis Dragani sue Australian rock band The Superjesus for lost earnings

Former members of Aussie rock band The Superjesus are suing their old group, claiming they are owed thousands in lost wages and super.

Former members of Australian rock band The Superjesus are suing their old group over claims of lost wages and superannuation entitlements.

Ex-lead guitarist Jason Slack and drummer Travis Dragani say they are each owed more than $25,000 after they were not paid for rehearsals and promotional work, according to documents lodged with the Federal Circuit Court and Family Court.

The Superjesus lead singer Sarah McLeod and bassist Stuart Rudd are both listed as directors and equal shareholders of a company under the same name, which is listed as the respondent on court documents.

The Superjesus are an Australian rock band formed in Adelaide in 1994, currently formed by Stuart Rudd, Sarah McLeod and Jason Slack.

The band — from Adelaide and originally Hell’s Kitchen when they first formed in 1994 — have cycled through guitarists and drummers since their inception while lead singer Ms McLeod and bassist Mr Rudd are mainstays.

After releasing three albums including their debut, Sumo, in 1998 — which won best rock album at the ARIA Awards that year — and Jet Age in 2000 with single Gravity, the band disbanded in 2004 before they regrouped and toured again in 2013.
Mr Slack joined in 2015 according to the band’s website, although other online histories say he was also a member between 2001 and 2004. Mr Dragani joined in 2016. Both departed last year.

Mr Slack and Mr Dragani argue the terms of their verbal contract of engagement with the band were “unfair” in their statement of claim.

Their contract terms included payment of $500 per club or private performance, payment of $1000 per festival performance, regardless of time spent or location, plus payment of “reasonable incurred travel expenses and accommodation”.

But, under the verbal agreement, there would be no remuneration for rehearsals or promotional work and all intellectual property rested with the band.

Mr Slack and Mr Dragani, who were contractors, say if they were employed by The Superjesus they would have been entitled to be paid for that time.

“The difference between what the applicants were paid under the terms of their contract and the amounts to which they would have been entitled if engaged as employees and entitled to payment for rehearsals and promotional work renders the contract unfair and or harsh for the purposes of ... the Independent Contractors Act 2006,” the statement of claim reads.

As well, Mr Slack and Mr Dragani said they were engaged “wholly or principally” for their labour and they fell within the definition of employees under the Superannuation Guarantee (Administration) Act 1992.

A spreadsheet attached to their application lists a number of local and international tours they participated in — including one entry that says “Brazil tour unpaid”, photoshoots and filming for music videos between 2018 and 2022.

In their originating application, Mr Slack and Mr Dragani ask that their contracts be varied to include a clause that sets out their entitlements.

Mr Slack says his contract should say: “Upon termination hereof, The Superjesus Pty Ltd will pay to Mr Jason Slack the sum of $22,861.06, and upon such payment all rights and liabilities of the parties hereto arising pursuant to this contract and/or pursuant to any other contract between the same parties will be released and discharged.”

He also says the Superjesus should pay him $6357.09 in superannuation guarantee contributions.

Mr Dragani asks for the same alteration to his contract, but says he is owed $20,545.32 plus $5948.23 in super.

In a joint statement supplied by their lawyer, the ex-band members said they attempted to resolve the issue out of court first.

“It is disappointing the band did not respond to our efforts to resolve the matter privately. We do not now wish to comment on the matter while it is before the court,” they said.

Ms McLeod and Mr Rudd have been contacted for comment.