Conditions of employment – redundancy – s.120 Fair Work Act 2009 – application to vary redundancy pay – Commission satisfied jurisdictional precondition in s.119 of FW Act met – applicant argued that recommendations and actions by outgoing employer brought about offer of employment by new employer – ‘to obtain employment for an individual means to procure another employer to make an offer of employment’ [Re Clothing Trades Award] – inquiry into effect of outgoing employer’s actions on incoming employer decision making necessary – incoming employer’s evidence demonstrated employment arose only because of the actions taken by outgoing employer to recommend employee – statutory tests for purposes of agitating Commission’s discretion satisfied – discretion exercised – redundancy pay reduced to nil. Colola P/L atf the Briggs Family Trust t/a Garden City Mechanical and Service Centre v Williams.
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