TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant a ‘Supply Base Operator’ (SBO) performing transport and logistics services on Barrow Island – respondent in joint venture as part of Grogon Project – contract with venture partner provided that respondent held ‘town hall’ session with workforce prior to receiving such direction – found to have satisfied consultation obligation – applicant’s position of Warehouse SBO subsequently made redundant – respondent reviews available positions were unsuitable – applicant informed by telephone – content of telephone discussion disputed by parties – two positions considered, requiring specific licences – applicant conceded did not possess necessary licence for one position- found respondent came to wrong conclusion regarding applicant not holding licence for the other – held on basis of what respondent knew at time this was reasonable conclusion – position required experienced driver and was not a ‘fly-in, fly-out’ (FIFO) role – redeployment would have necessitated relocation to Sydney from Perth – Commission found redeployment not reasonable – dismissal was genuine redundancy – application dismissed. Kloczonek v Toll Energy Logistics P/L
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