TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – applicant employed in an administration role and performed duties out of employer’s Gladstone office – respondent objected on basis of genuine redundancy – after a review of the employer’s business in Gladstone, and due to declining market, the number of office administrators required by the respondent at the Gladstone office decreased – some of the duties performed by the administration staff were able to be transferred to alternative positions and therefore it was then possible to combine the two roles into one – new position not identical to prior positions – applicant had to re-apply for position – applicant indicated she did not understand why she had to apply for her former position – applicant informed respondent she would not be applying for the position – Commission found it was not reasonable for the respondent to redeploy applicant directly to the new position as there was another employee who was also qualified to perform the new role – held respondent reasonably applied a selection process to the available position and invited each employee whose position had been made redundant to apply – found no error on the part of the respondent in requiring applicant to apply for new position – respondent discharged its obligations under s.389 of FW Act – application dismissed. Mossman v Veolia Environmental Services
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