APPLICATION BY MAX SOLUTIONS PTY LTD T/A MAX SOLUTIONS

The applicants, Max Solutions Pty Ltd trading as Max Solutions, sought to vary the amount of redundancy pay owed to their former employee, Mr. Anthony Michael Wilson. The application was heard in the Fair Work Commission. The central issue for determination was whether the applicants were entitled to a reduction in the amount of redundancy pay they were required to pay Mr. Wilson, on the basis that the payment had been made without proper adherence to the relevant legislative provisions.

The Commission considered whether the applicants had followed the correct process for determining the redundancy pay. It examined the evidence provided by the applicants regarding their calculations and the basis for their application. The Commission also considered the arguments presented by Mr. Wilson in opposition to the application, including his contention that the applicants had failed to follow the correct process. After weighing the evidence and arguments, the Commission found that the applicants had not followed the correct process in determining the redundancy pay owed to Mr. Wilson.

Accordingly, the Commission determined that the applicants were not entitled to a variation of the redundancy pay. The applicants' application was dismissed, and they were ordered to pay Mr. Wilson the full amount of redundancy pay that had been previously determined. This decision underscores the importance of following proper procedures when calculating and paying redundancy entitlements, and the consequences for employers who fail to do so.