TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as Marketing Manager – respondent asserted dismissal a case of genuine redundancy – whether respondent compiled with consultation requirements – applicant submitted he fell within classification D.1.8 General Staff Level 5 in Educational Services (Post-Secondary Education) Award 2010- whether award applied – Commission found some aspects of applicant’s role administrative and fell within generic descriptors in classification – not satisfied Award applied – found respondent had no obligation to consult about making position redundant – no evidence any enterprise agreement applied – whether reasonable for applicant to be redeployed – what is reasonable has to be determined on case by case basis on objective facts – Commission found redeployment unreasonable – satisfied dismissal was genuine redundancy – application dismissed. Rahimi v Perth Education Group P/L t/a Technical College of Western Australia (TCWA).
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