TERMINATION OF EMPLOYMENT – genuine redundancy – modern award coverage – ss.382, 389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – jurisdictional objection that dismissal was a genuine redundancy – applicant employed in business now operated by respondent as a geoscientist since 1998 – respondent submitted that restructure resulted in applicant’s redundancy – submitted that it did not accept that applicant was covered by modern award but still engaged in meaningful and genuine consultation when definite decision to restructure was made – submitted that at meeting applicant was given opportunity to ask questions and provide feedback about redundancy – applicant submitted that redundancy not genuine – submitted that he was covered by Professional Employees Award 2010 (the Award) and respondent must comply with Award consultation clause – Commission determined that applicant satisfied Award definition of either Experienced or Professional Scientist and therefore covered by Award – found that respondent did not comply with Award consultation provisions by not providing information in writing and hence did not comply with s.389(1)(b) of FW Act – held that claim of genuine redundancy cannot succeed – held that respondent demonstrated it would not be reasonable to redeploy applicant – found that position occupied by applicant was redundant – found that although respondent did not provide applicant with written advice regarding redundancy it did not cause unfairness to the extent that the redundancy was harsh, unjust or unreasonable – application dismissed. Manescu v Baker Hughes Australia P/L
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