Fresh Food Industries Pty Ltd
[2010] FWA 8394
•28 OCTOBER 2010
[2010] FWA 8394 |
|
INTERIM DECISION |
Fair Work Act 2009
s.120 - Application to vary redundancy pay for other employment or incapacity to pay
Fresh Food Industries Pty Ltd
(C2010/5047)
COMMISSIONER CLOGHAN | PERTH, 28 OCTOBER 2010 |
Redundancy pay.
[1] On 24 September 2010, Fresh Food Industries Pty Ltd (“the Employer”) made application to Fair Work Australia seeking variation of redundancy pay as it had found acceptable alternative employment for the employees named in the application.
[2] The Employer made application pursuant to s.120 of the Fair Work Act 2009.
[3] The application was the subject of a conference on 15 October 2010. The conference was attended by Mr Daniel Doherty as a representative of the five (5) named employees in the application.
[4] The grounds upon which the application was made are set out as follows: “The Company has sold a business unit to another non associated company. The purchasing company is offering all affected employees employment in substantially similar job capacities and on remuneration no less favourable”.
[5] The matter was set down for a hearing on 28 October 2010 as the intended transfer of business is to occur on 1 November 2010.
[6] At the conclusion of the hearing, I indicated to the Employer that I would provide a Decision on the application by 3pm that day to give the parties certainty as to their situation as at 31 October 2010.
[7] Notwithstanding the efforts of the Employer, I am satisfied that the grounds upon which the application was made have not been achieved; the affected employees have not been provided with acceptable employment.
[8] Accordingly, the application is dismissed and further reasons for this Decision will be provided in due course.
COMMISSIONER
Appearances:
Mr B Matthews, the Employer
Mr D Doherty, representing the Employees
Hearing details:
2010
Perth
28 October
Printed by authority of the Commonwealth Government Printer
<Price code A, PR503284>
0
0
0