TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant worked as a Trainee Scaffolder on a weekly hire basis – two major clients advised that scaffolding work was to become less frequent – as a result, respondent advised applicant that employment could only be retained on a casual basis – applicant asserted that respondent retained other weekly hire positions and ongoing work was available – applicant further asserted the consultation process did not meet requirements set out in The Pilbara Access P/L Agreement 2014 – Commission satisfied that evidence put forward established respondent no longer required to undertake employment on weekly hire basis – a decrease in the demand for labour meant that respondent could no longer sustain weekly hire employment – fact that other employees not selected for redundancy did not detract from redundancy circumstance – Commission satisfied the requirements of s.389(1)(a) of FW Act had been met – satisfied respondent had taken appropriate steps to explore reasonable redeployment options – held requirements of s.389(2) had been met – dismissal consistent with definition of genuine redundancy – termination of employment cannot be regarded as unfair – application dismissed. Roberts v Pilbara Access P/L t/a Pilbara Access
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