Independent Timber Supplies Pty Ltd v Mr Jordan Went

[2022] FWC 2184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Timber Supplies Pty Ltd
v

Mr Jordan Went

(C2022/5335)

DEPUTY PRESIDENT BEAUMONT

PERTH, 17 AUGUST 2022

Variation of redundancy pay

Independent Timber Supplies Pty Ltd (Independent Timber Supplies) applied to the Fair Work Commission for an order under s 120 of the Fair Work Act 2009 (Cth) (the Act) that the amount of redundancy pay due to Mr Jordan Went (Mr Went) be reduced by 100%.

On 17 August 2022, a conference was convened with the parties. The parties agreed about the disposition of the dispute between them and sought an order giving effect to their agreement. By consent, the parties sought an order to reduce the amount of Mr Went’s redundancy pay by 100% on the basis that Independent Timber Supplies had obtained other acceptable employment for Mr Went (see s 120(1)(b)(i) of the Act). I am similarly of the view that Independent Timber Supplies had obtained acceptable employment for Mr Went.

Being satisfied that there was an application properly before the Commission pursuant to s 120 of the Act and that it was appropriate to do so, I have determined the dispute by issuing an Order[1] concurrently with this decision in the terms sought by the parties. In doing so the Commission advised the parties that it would be appropriate to publish short reasons for decision in relation to the Order, and these are those reasons.

DEPUTY PRESIDENT

[1] PR744882.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Independent Timber Supplies Pty Ltd (Independent Timber Supplies) sought to have the amount of redundancy pay due to Mr Jordan Went (Mr Went) reduced by 100%. This application was made under section 120 of the Fair Work Act 2009 (Cth). The matter was heard by Deputy President Beaumont of the Fair Work Commission in Perth on 17 August 2022. The parties convened in a conference and reached an agreement that the amount of Mr Went’s redundancy pay should be reduced by 100% on the basis that Independent Timber Supplies had obtained other acceptable employment for Mr Went.

The legal issue for the court was whether Independent Timber Supplies had obtained acceptable employment for Mr Went. This was an important consideration under section 120(1)(b)(i) of the Fair Work Act 2009 (Cth) which provides that an employer may apply to the Fair Work Commission to vary the amount of redundancy pay if they have obtained other acceptable employment for the employee. The court had to determine whether the employment obtained was indeed acceptable.

The court determined that Independent Timber Supplies had obtained acceptable employment for Mr Went. The Deputy President was satisfied that there was an application properly before the Commission and that it was appropriate to issue an order. The court issued an order to reduce the amount of Mr Went’s redundancy pay by 100% as sought by the parties. The court also advised the parties that it would be appropriate to publish short reasons for decision in relation to the Order. These reasons are provided in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established