Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Delta FM Australia Pty Ltd

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) brought proceedings against Delta FM Australia Pty Ltd (Delta FM) concerning the termination of employment and the entitlement to redundancy payments. The matter was heard by Judge Vasta in the Federal Court of Australia.

The central legal issue before the Court was whether Delta FM was required to make redundancy payments to its employees upon termination of their employment. This question turned on the interpretation and application of section 119(1)(a) of the *Fair Work Act 2009* (Cth), which provides an exception to the general obligation to pay redundancy pay in certain circumstances.

Judge Vasta considered the circumstances of the terminations and the nature of Delta FM's business. The Court found that the exception in section 119(1)(a) of the *Fair Work Act 2009* (Cth) applied in this instance, meaning Delta FM was not obligated to make redundancy payments. The reasoning focused on the specific conditions under which the exception is engaged, which were met by Delta FM's situation.

Consequently, the Court ordered that the Union's application be dismissed.