Global Life Sciences Solutions Australia Pty Ltd T/A Cytiva
[2023] FWC 1174
•19 MAY 2023
| [2023] FWC 1174 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.120—Redundancy pay
Global Life Sciences Solutions Australia Pty Ltd T/A Cytiva
(C2023/2512)
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 19 MAY 2023 |
Variation of redundancy pay – other acceptable employment obtained – application granted
Global Life Sciences Solutions Australia Pty Ltd T/A Cytiva (the Applicant) has applied pursuant to s.120 of the Fair Work Act 2009 (Cth) (the Act) to reduce the redundancy entitlement of Mr Sebastian Quintana Munoz to nil.
The Applicant submitted it had obtained other acceptable employment for Mr Quintana Munoz with a related company, at a higher rate of pay and on a permanent basis. However, Mr Quintana Munoz had rejected the offer.
On 9 May 2023, my Chambers sent correspondence to Mr Quintana Munoz to determine whether he opposed the Application.
In an email my Chambers received on 11 May 2023, Mr Quintana Munoz confirmed he did not object to the Application. Although Mr Munoz consented to the Application, he stated it was because he did not have the resources to investigate the matter. The matter was subsequently listed for conference.
On 18 May 2023, I conducted a conference with the parties to discuss the position of Mr Quintana Munoz. At the conference, Mr Quintana Munoz confirmed that whilst he disputed some of the events and dates that led to him accepting alternative employment, he consented to the orders sought.
Section 120 of the Act confers on the Commission a discretion to reduce the amount of redundancy pay to which an employee would otherwise have been entitled under s.119 of the Act. Section 120(1) applies if an employee is entitled to be paid an amount of redundancy pay by the employer pursuant to s.119, and the employer ‘obtains other acceptable employment’ for the employee.
Taking into account the materials filed and the submissions of the parties, I am satisfied that the Applicant obtained other acceptable employment for Mr Quintana Munoz. Accordingly, I have determined to grant the Application and reduce the redundancy pay to which Mr Quintana Munoz is entitled to nil. An Order[1] will be issued separately to this decision.
COMMISSIONER
[1] PR762020.
Printed by authority of the Commonwealth Government Printer
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