Dooley and Secretary, Attorney-General's Department

This matter concerned an appeal by Mr Dooley against a decision by the Secretary of the Attorney-General's Department regarding his redundancy payment. The dispute arose from the termination of Mr Dooley's employment due to insolvency, and the interpretation of the governing instrument for his redundancy pay. The case was heard by Emeritus Professor P A Fairall, Senior Member.

The primary legal issue before the Tribunal was to determine the correct governing instrument for calculating Mr Dooley's redundancy entitlement. Specifically, the Tribunal had to consider whether a separate agreement, referred to as the "Grand Chapel Agreement" (GCA), was consistent with and should be applied in conjunction with the existing enterprise agreement. The Tribunal also needed to assess the evidence presented regarding the existence and terms of the GCA.

The Tribunal found that the GCA was indeed a relevant and binding agreement, intended to improve the financial position of the company and its employees during a period of corporate restructuring. The Senior Member rejected the suggestion that there was insufficient evidence of the GCA, relying on minutes filed by the Respondent which detailed specific agreed points concerning staff entitlements, including redundancy calculations. The Tribunal reasoned that the purpose of the scheme of arrangement and the enterprise agreement was to reduce employee entitlements to make the company more viable, and that the GCA represented an explicit promise made to the workforce.

Consequently, the Tribunal set aside the decision under review. The matter was remitted to the Secretary for a recalculation of Mr Dooley's redundancy entitlement, to be conducted in accordance with paragraph 57 of the Tribunal's reasons, which incorporated the principles derived from the GCA.