Jermiin v Commonwealth Scientific and Industrial Research Organisation

Jermiin (the applicant) brought proceedings against the Commonwealth Scientific and Industrial Research Organisation (CSIRO) alleging a breach of his contract of employment. The dispute arose from the applicant's redundancy as part of an organisational restructure undertaken by CSIRO to implement its 2020 strategy.

The court was required to determine whether the relevant Enterprise Agreement varied the applicant's contract of employment, and if so, whether that Agreement governed the termination process. Specifically, the court considered whether the Enterprise Agreement prescribed a proper process for redundancy, even in the absence of a precisely identified procedure within the Agreement itself.

The court reasoned that the Enterprise Agreement did not vary the applicant's contract of employment in a way that would alter the fundamental terms of his employment or the employer's right to manage its workforce. It found that while the Agreement did contemplate redundancies, it did not impose a specific, mandatory process that CSIRO was required to follow beyond the general obligations of good faith and reasonableness. The court concluded that CSIRO had acted within its rights in implementing the redundancy, and therefore, there was no breach of contract. The application was dismissed.