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How does Fair Work Australia deal with Employee Redundancies?

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How does Fair Work Australia (FWA) deal with employee redundancies?
Pursuant to the Work Choices Legislation (2005) under the previous Howard Government, a worker could not issue a claim for unfair dismissal on the basis of redundancy.

However, under the recent Fair Work Australia Act 2009 ("FW Act") a claim for unfair dismissal can be issued on this basis, but, it is still the case, that a worker cannot bring a successful claim for unfair dismissal if the employer can prove a genuine redundancy. According to Section 389 of the FW Act, a dismissal falls in the category of genuine redundancy, if the employer "no longer required the job to be performed by anyone because of changes in the operational requirements of the employer's enterprise". Furthermore, to defend such a claim, an employer must prove that there was no reasonable opportunity for the worker to be redeployed in the employer's workplace.

The question that must be asked is how does Fair Work Australia ("FWA") currently deal with this issue?

The recent case of Shaun Taylor v Tatiara Meat Company Pty Ltd (2010) FWA 5150 (13 July 2010) dealt with a new purchaser of a meat company, which had identified that the dismissed employee's cost controller role may not be required. When this matter was put to the worker, he argued that he should have been redeployed in another role. The worker argued that he should have been offered or considered for a new position created however, it was held by FWA that he did not have the necessary qualifications or experience for these particular positions and it was not seen as acceptable alternative employment. In the circumstances, it was held that he had been made genuinely redundant pursuant to Section 389 of FWA Act and his claim was dismissed.

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