All Aspects Metal Roofing Pty Ltd T/A All Aspects Metal Roofing

[2020] FWC 6839

[2020] FWC 6839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.120—Redundancy pay

All Aspects Metal Roofing Pty Ltd T/A All Aspects Metal Roofing
(C2020/8948)

COMMISSIONER WILLIAMS PERTH, 16 DECEMBER 2020

Variation of redundancy pay.

[1] This decision concerns an application by All Aspects Metal Roofing Pty Ltd T/A All Aspects Metal Roofing (the Applicant) under section 120 of the Fair Work Act 2009 (the Act) to vary the redundancy pay owing to an employee Mr Thomas Diskin (Mr Diskin).

[2] The application states that Mr Diskin is entitled to redundancy pay under the Plumbing and Fire Sprinklers Award 2010 [MA000036] (the Award). The application states that Mr Diskin handed in a letter of resignation and his position is still needed within the business. The application explains that the business is experiencing cash-flow problems and is seeking Mr Diskin’s redundancy entitlement be reduced to nil.

[3] Section 123(4) of the Act states that sections 119 to 122 of the Act do not apply to an employee to whom an Industry Specific Redundancy Scheme in a Modern Award applies. The Award in this case contains an Industry Specific Redundancy Scheme at clause 18. Mr Diskin is entitled to redundancy pay by virtue of clause 18 of the Award not by virtue of section 119 of the Act.

[4] Clause 18 of the Award does not include a provision that allows for any variation of redundancy pay owing under the Award.

[5] Consequently, the Applicant is not able to make an application to vary the redundancy pay amount either under the Act or the Award and so the application must be dismissed.

[6] As a consequence, there is no variation to the amount of redundancy pay to which Mr Diskin is entitled under the Award.

[7] An order [PR725549] to that effect will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

<PR725548>