Conditions of employment – redundancy – s.120 Fair Work Act 2009 – application to reduce redundancy pay – transport and distribution services industry – loss of contract – option of remaining employed by the employer or working for new employer – no resignation of employees – no transfer of entitlements – whether redundancy at the initiative of the employer – whether employer ‘obtained acceptable employment’ – meaning of ‘obtained acceptable employment’ – terms of enterprise agreement – interaction of enterprise agreement with National Employment Standards (NES) – no termination of employment – employees and their roles not made redundant – s.120 of FW Act cannot apply – no jurisdiction – application dismissed – alternatively, whether employer ‘obtained acceptable employment’ – same work, rate of pay, location and conditions – whether employer ‘strong and moving force’ – negotiations to achieve wage parity – representations to engage all employees – employer obtained acceptable employment – employees’ choice to accept new employment or remain employed – no pressure or coercion – all employees accepted new employment – redundancy pay would be reduced to nil. DRW Investments P/L t/a Wettenhalls v Richards and Ors.
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