TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed by respondent company, who was contracted to Leighton Contractors at the Ichthys Onshore LNG Facilities Project (Project) – worked as Waste Water Treatment Plant (WWTP) Operator on Project – employed under terms of Leighton Contractors P/L Ichthys Onshore Construction Greenfield Agreement (Agreement) – respondent objected to application on basis that dismissal was genuine redundancy arising from direct changes to operational requirements on Project, resulting in four WWTP Operators being reduced to three – further submitted that it complied with Clause 24 of Agreement in relation to consultation – applicant claimed that redundancy was not genuine in that it was not necessary based on operational needs, that selection of applicant as person to be made redundant was unfair, that applicant had not been properly consulted and that applicant should have been redeployed – Commission satisfied that decision of respondent to reduce numbers of its WWTP Operators from four to three was because it no longer required one Operator’s job to be performed by anyone due to changes in its operational requirements – did not consider that consultation was meaningful within meaning of Clause 24 of Agreement and s.389(1)(b) of FW Act as effective consultation did not really commence until 9 January 2017 and applicant advised of dismissal on 11 January 2017 – Commission satisfied that respondent met its redeployment obligations – as s.389(1) of FW Act not satisfied, it followed that applicant’s dismissal was unfair – whether dismissal harsh, unjust or unreasonable – whilst Commission found that dismissal was bona fide redundancy, it was unreasonable – application granted – question of remedy – reinstatement not appropriate – considered that applicant received around $80,000 in redundancy entitlements – ordered compensation equivalent to two weeks’ pay plus 9.5% superannuation – parties to confer as to actual amount and advise Commission within seven days. Alvisio v Ventia P/L
…
