Glenview Community Services Inc v Nisha Rana

[2025] FWC 1354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.120 - Application to vary redundancy pay for other employment or incapacity to pay

Glenview Community Services Inc
v

Nisha Rana

(C2025/2877)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 15 MAY 2025

Variation to redundancy pay – parties agreed on fair amount – application granted

Earlier today, for reasons given on transcript, I granted an application by Glenview Community Services Inc under s 120(2) of the Fair Work Act 2009 (Cth) (Act) to reduce the redundancy entitlement of its employee, Nisha Rana, to an amount that the parties had agreed was fair in the circumstances. Pursuant to s 120(2) of the Act, I determined to reduce the amount of redundancy pay to which Ms Rana was entitled under s 119 to the agreed amount of $3797.83, which I considered to be an appropriate amount.

DEPUTY PRESIDENT

Appearances:

B. Sargent for Glenview Community Services Inc
N. Rana for herself

Hearing details:

2025
Melbourne (by telephone)
May 15

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glenview Community Services Inc applied to the Fair Work Commission for a variation to the redundancy pay owed to Nisha Rana, its former employee. The application was brought under section 120(2) of the Fair Work Act 2009. The central issue before the Deputy President was whether the amount of redundancy pay that the parties had agreed upon was fair and appropriate, given the circumstances of the case.

The court was required to consider the nature of the agreement between the parties, the fairness of the agreed amount, and whether the application complied with the statutory requirements under section 120(2) of the Act. The Deputy President found that the amount of $3797.83, which was agreed upon by both parties, was fair and appropriate in the circumstances. The court was satisfied that the application was properly brought and that the agreed amount was reasonable, taking into account the specific circumstances of the case.

In light of the agreement between the parties and the fairness of the agreed amount, the Deputy President granted the application. The amount of redundancy pay owed to Nisha Rana was reduced to the agreed amount of $3797.83. The decision was made on the basis that the agreed amount was fair and appropriate in the circumstances, and the application complied with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established