DECISION

Fair Work Act 2009
s.120—Redundancy pay

Great Southern Personnel Inc T/A GSP Workforce
(C2019/5702, C2019/5706 & C2019/5711)

COMMISSIONER WILLIAMS

PERTH, 10 OCTOBER 2019

Variation of redundancy pay.

[1] Great Southern Personnel Inc T/A GSP Workforce (the Applicant) has applied to amend the above applications to delete the ground for each application of “incapacity to pay” and replace this with the ground of “having obtained other acceptable employment for the employee”.

[2] Given these amendments could be achieved by the Applicant having discontinued these applications and then filing new applications each seeking the same variation of redundancy based on the employer having obtained other acceptable employment for the employee, as is provided for in section 120(1)(b)(i), it is appropriate that the Commission allow the applications to be amended. Each of these three applications are hereby amended by deleting the ground of incapacity to pay and replacing this with the ground of employer having obtained other acceptable employment for the employee.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Great Southern Personnel Inc T/A GSP Workforce sought to amend its applications for the variation of redundancy pay from employees. The applications were originally based on the ground of incapacity to pay, but the company now sought to replace this ground with the employer having obtained other acceptable employment for the employee. The applications were heard by Commissioner Williams of the Fair Work Commission, under the Fair Work Act 2009.

The legal issue before the Commission was whether the applications could be amended to replace the ground of incapacity to pay with the ground of the employer having obtained other acceptable employment for the employee. The Commission noted that the applications could have been discontinued and new ones filed, but that allowing the amendments would be more efficient.

The Commission found that it was appropriate to allow the applications to be amended as sought. The Commission noted that the amendments could be achieved by discontinuing the applications and filing new ones, but that allowing the amendments would be more efficient. The Commission accepted that the new ground was a valid one under section 120(1)(b)(i) of the Fair Work Act, and that there was no reason why the applications could not be amended as sought.

The Fair Work Commission allowed the applications to be amended by deleting the ground of incapacity to pay and replacing it with the ground of employer having obtained other acceptable employment for the employee. The Commission noted that this was an appropriate course of action, and that it would be more efficient than discontinuing the applications and filing new ones. The Commission made no further orders.

Great Southern Personnel Inc T/A GSP Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established