TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – four applications for unfair dismissal remedy heard together – respondent raised jurisdictional objection that applicants were dismissed on grounds of genuine redundancy – applicants employed as emergency services officers – enterprise agreement applied to employment relationship – applicants submitted redundancies not genuine as only alteration was 13 per cent salary reduction not to job tasks or responsibilities – further submitted their roles continued to be performed by other newly appointed employees on the same terms and conditions but on lower salaries – respondent submitted reductions in its contract prices resulted in need to reduce costs – to reduce costs respondent undertook operational restructure – respondent argued Commission should adopt wide 11 view of the words ‘the employer no longer requires the person’s job to be performed’ to include remuneration – applicant argued a narrow interpretation be adopted which does not include remuneration – Commission found remuneration not a reason for redundancy as provided in explanatory memorandum or in FW Act – Commission found no reduction in responsibilities or tasks in applicants positions and no redistribution of tasks or responsibilities of applicants positions to other positions – not satisfied wide interpretation of FW Act supported by authority – Commission found words ‘person’s job to be performed’ in the FW Act refer to the functions, duties and responsibilities associated with the job only – genuine redundancy not made out – matter listed for future direction. Mallard and Ors v Parabellum International P/L t/a Parabellum International
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