Conditions of employment – redundancy – s.120 Fair Work Act 2009 – application to reduce to zero the amount of redundancy pay otherwise required to be paid to 19 employees – applicant a contract logistics provider to the transport and warehousing industry – applicant provided services to clients in NSW but lost contract following a tender process – contract loss led to displacement of 26 employees to service the contract – applicant made application on basis that it had found suitable alternative employment for the affected employees – a number of employees declined redeployment, claiming that the offers were either a sham or unsuitable for various reasons – a number of respondents submitted that some of the jobs that were offered did not actually exist, and that the alternative positions were declined because they were seeking a redundancy payment – it was also submitted that positions unacceptable because of the increased distances required to be travelled and different start times – Derole Nominees applied – ‘acceptable alternative employment’ to be determined objectively – Commission satisfied that each individual was offered a suitable alternative but chose (with two exceptions) not to take up offer – none of the explanations provided for declining alternative positions constituted a reasonable refusal – appears to have been a common belief amongst applicant’s employees that refusal to take up alternative position would entitle them to a redundancy payment – none of the former employees who gave evidence ever seriously considered taking up alternative position – Commission further found that the fact that not every alternative role was in existence at the time it was offered did not de-legitimise the offers – each alternative role within basic skill set of each employee, or was attainable – no reduction in pay for any employee and some would have received a pay rise – application granted. Glen Cameron Nominees P/L t/a Glen Cameron Trucking
…
