Doust Automation & Control Pty Ltd

[2014] FWC 4910

[2014] FWC 4910

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.120 - Application to vary redundancy pay for other employment or incapacity to pay

Doust Automation & Control Pty Ltd
(C2014/4077)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 30 JULY 2014

Variation of redundancy pay.

[1] On 16 April 2014 Doust Automation and Control Pty Ltd (Doust) lodged an application in the Fair Work Commission pursuant to s120 of the Fair Work Act 2009 (the Act). I listed the application and conferred with the parties. Doust was concerned to identify and pay a fair redundancy package to an ex employee whose position had become redundant but to whom they had made an offer of alternative employment. They requested that I make a recommendation and consider whether there should be any reduction to the redundancy entitlements of that employee, Mr Gavin Cini, taking into account an offer of alternative employment that had been made to him.

[2] Doust provided an original submission dated 5 June 2014. 1

[3] Mr Cini provided a submission dated 11 June 2014. 2

[4] Doust provided a response dated 25 June 2014. 3

[5] I have considered the offer of alternative employment made by Doust to Mr Cini. I have taken into account Doust's need for change, the altered employment conditions in the alternate employment offered to Mr Cini, particularly the extension of travel requirements, and Mr Cini's particular personal circumstances.

[6] On balance I am satisfied that Mr Cini's particular employment was no longer required to be performed and that the alternate employment offer made to Mr Cini, although made in

good faith and involving a significant increase in remuneration, was not an offer of alternative employment that affected Mr Cini’s entitlement to a full redundancy payment.

SENIOR DEPUTY PRESIDENT

 1   Exhibit Doust 1

 2   Exhibit Cini 1

 3   Exhibit Doust 2

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