Avenues Australia Pty Ltd T/A Avenues Australia v Kaylah Whitehead

[2025] FWC 1865

[2025] FWC 1865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 120—Redundancy pay

Avenues Australia Pty Ltd T/A Avenues Australia
v

Kaylah Whitehead

(C2025/5644)

COMMISSIONER LIM PERTH, 3 JULY 2025

Variation of redundancy pay – incapacity to pay – consent position reached.

1. On Wednesday 18 June 2025, Avenues Australia Pty Ltd Trading As Avenues Australia applied to the Fair Work Commission for an Order under s 120 of the Fair Work Act 2009 (Cth) that the amount of redundancy pay due to Ms Kaylah Whitehead be reduced from six weeks’ pay to nil.

1. On Tuesday 1 July, I conducted a case management conference with the parties to program the matter. During the course of the proceedings, the parties reached an agreement about the amount that Avenues Australia should pay to Ms Whitehead and sought an Order giving effect to their in-principle agreement.

1. By consent, the parties sought an Order to reduce the amount of Ms Whitehead’s redundancy pay by four weeks to two weeks total on the basis that the Applicant was unable to pay Ms Whitehead, a Manager Service Delivery of Avenues Australia, the redundancy pay owing under s 120 of the Act.

1. Being satisfied that there was an application properly before the Commission pursuant to s 120 of the Act and that it was appropriate to do so, I have determined the dispute by issuing an Order[1] concurrently with this Decision in the terms sought by the parties. In doing so, the Commission advised the parties that it would be appropriate to publish short reasons for Decision in relation to the Order, and these are those reasons.

COMMISSIONER

Matter determined on the papers.

[1] PR788749.

Printed by authority of the Commonwealth Government Printer

<PR788748>