TERMINATION OF EMPLOYMENT – genuine redundancy – ss.394, 396 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed by respondent from March 2011 to December 2016 – respondent objected to application on basis that redundancy was genuine – applicant employed as Senior Siebel Configurator involved in customising and developing Siebel software for LINX project as part of broader business initiative – notified in July 2016 that project funding withdrawn immediately – review of impact of funding of LINX project in October 2016 resulted in Melbourne-based role being made redundant – applicant informed on 3 November 2016 that his position was redundant and if redeployment not suitable employment would cease on 1 December 2016 – respondent submitted that applicant was specifically involved in customising software not used by respondent anywhere else – applicant submitted that respondent replaced him with consultant whose contract was extended following applicant’s dismissal – respondent submitted that work assigned to consultant was different to applicant’s and required skills he did not possess – Commission satisfied role no longer required to be performed because of changes to operational requirements – determined applicant’s redundancy to be genuine – applicant submitted that respondent failed to consult in accordance with Banking, Finance and Insurance Award 2010 – respondent submitted that applicant was not subject to operation of that award by reason of guarantee of annual earnings – submitted that despite this consultation occurred team-wide then more with personal discussions – Commission satisfied that applicant covered by award but that award does not apply as applicant exceeded high income threshold – satisfied that respondent did consult but did not need to consult in accordance with award – applicant submitted he could have been redeployed – respondent submitted that they made attempts to find suitable alternative roles within bank – Commission satisfied that respondent made genuine attempts to find alternative employment opportunities for applicant – found that dismissal falls within genuine redundancy – dismissal not unfair – application dismissed. Konakalla v Bendigo and Adelaide Bank Ltd
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