TERMINATION OF EMPLOYMENT – consultation – s.533 Fair Work Act 2009 – application for an order made by the AMWU and the AWU (Unions) alleging that respondent failed to provide them with an opportunity to consult about measures to avert or minimise proposed dismissals and measures to mitigate the adverse effects of proposed dismissals – respondent had been advised by VIVA that it required respondent to reduce its workforce of approximately 72 permanent employees at VIVA refinery in Geelong by approximately 50% – respondent advised applicants and employees of pending redundancies, sought voluntary redundancies and held meeting with applicants to discuss redundancies – at meeting applicants’ requested respondent let redundant workers know the outcome as soon as possible – Commission noted opportunity to consult must be real – consultation involves opportunity for one party to put forward proposals and for those proposals to be given genuine consideration – Commission was satisfied applicants were provided with an opportunity to put forward proposals and respondent gave genuine consideration to those proposals – as soon as respondent knew redundancies were possible it notified applicants, conducting discussions with local delegates and then organisers – organisers had opportunity to put proposals to respondent which were considered by respondent and in some cases acted upon – satisfied respondent seriously considered proposals put forward – while it was clear the central proposal of applicants that employees be given priority in future hirings was not accepted, Commission did not consider respondent’s failure to accept meant there was no genuine consideration – while Commission accepted applicants not able to waive respondent’s obligations under s.531(3) of FW Act, it considered applicants contributed to short time frame by requesting that process be truncated – application dismissed. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Anor v UGL Operations and Maintenance P/L t/a UGL
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