TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – applicant worked as Office Administrator – respondent submitted termination was genuine redundancy due to significant financial hardship – respondent outsourced applicant’s position along with its entire workforce – respondent engaged third party labour provider to reduce cost and time involved for business – respondent engaged Duzus P/L (Duzus) to provide recruitment and administration services – applicant submitted that she received only two days’ notice of termination and that alternative position offered with Duzus had terms and conditions considerably less favourable to original position with respondent – ‘Ramsay Food Processing’ considered – Commission found arrangement between respondent and Duzus a genuine one – respondent had no discussions with applicant about options, redundancy or redeployment – team meeting was held on behalf of Duzus with potential future employees not between respondent and its current employees and cannot be relied upon by respondent to seek to argue it conducted discussions with its workforce – applicant was not offered redeployment but was being advised of process of applying for position with Duzus – offer from Duzus was not consistent with what applicant had been advised that offers would be ‘no less favourable’ – whilst applicant was offered employment by Duzus, it was not on basis that respondent arranged for redeployment as the applicant was required to apply for role at Duzus – held not case of genuine redundancy – found that dismissal was unfair – ordered compensation of $3,882 gross plus 9.5% superannuation, less tax. Chance v Archer Operations P/L t/a Hervey Bay Nurseries
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