TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – nine applications for unfair dismissal – two matters discontinued prior to decision – applicants employed as Locomotive Drivers – respondent argued dismissals were cases of genuine redundancy – Commission satisfied that as a result of reduction in customer demand and the loss of multiple sites, a reduction in workload altered the respondent’s operational requirements and resulted in labour rationalisation – satisfied the roles of each applicant no longer required to be performed by anyone – Commission considered the respondent’s duty to consult employees – respondent submitted it had complied with its obligations under enterprise agreement – meeting held with union to provide advance notice followed by written notification to union and employees – respondent held multiple meetings and provided numerous opportunities for employees to respond – Commission satisfied consultation requirements adhered to – none of the applicants lodged an expression of interest for voluntary redundancy or a written expression of interest to transfer to another site – would not have been reasonable in the circumstances to redeploy applicants – applications dismissed. Skinner and Ors v Asciano Services P/L t/a Pacific Bulk National
…
