Independent Timber Supplies Pty Ltd v Mr Jordan Went

[2022] FWC 2184

[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

1. 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%. 

1. 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.

1. 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

<PR744878>