TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis that dismissal was a genuine redundancy – respondent lost significant business in 2015 and restructured its fire department operations so as to require substantially fewer staff – changes in operational requirements meant it no longer required the job being done by applicant to be undertaken – Commission found no evidence of any alternative positions which may have suited applicant’s skills – consultation obligations in agreement complicated by poor drafting – satisfied respondent met model consultation obligations – not satisfied consultative committee obligations in agreement complied with – applicant’s dismissal cannot be considered a genuine redundancy – application will be referred for conciliation – circumstances may be regarded as analogous with those considered in Harvey v UES Int’l – copy of decision provided to parties. Byrne v Tyco Fire & Security t/a Wormald
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