TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a site supervisor – respondent objected on ground dismissal was genuine redundancy – applicant submitted he was not genuinely made redundant as majority of tasks he was required to perform still remain and are being performed by new site supervisor – applicant submitted he was covered by Road Transport and Distribution Award 2010 (the Award) and employer required to consult with employees about major change – respondent’s general manager submitted he was required to consider whether applicant’s position should be retained after the sale of one of the companies the site provided services to was sold – respondent submitted applicant’s redundancy resulted from a restructure and client’s request for greater operational assistance and a flexible driving resource – Commission found it was clear from the respondent’s evidence that a restructure of its operations resulted in a decision that the position was no longer required – respondent must also comply with any obligations under an applicable award or enterprise agreement to consult about the redundancy – no applicable enterprise agreement – Commission found the Award had no application to applicant – applicant argued it was reasonable he be deployed into another subcontractor position that undertook some of the duties of previous role – found position applicant referred to was not a position within the respondent’s enterprise or that of an associated entity – found there was no obligation on the respondent to consider terminating the applicant’s employment and offer him a subcontractor position – Commission found applicant’s termination was a result of a genuine redundancy – application dismissed. Corcoran v The Trustee for the Express Parts Trust t/a On Time Group of Companies P/L
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