Queensland Police Citizens Youth Welfare Association T/A PCYC Queensland
[2025] FWC 238
•24 JANUARY 2025
| [2025] FWC 238 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.120—Redundancy pay
Queensland Police Citizens Youth Welfare Association T/A PCYC Queensland
(C2024/9309)
| DEPUTY PRESIDENT DOBSON | BRISBANE, 24 JANUARY 2025 |
Variation of redundancy pay
This decision concerns an application by Queensland Police Citizens Youth Welfare Association (QPCYWA) under section 120 of the Fair Work Act 2009 (the Act) to vary the redundancy pay owing to an employee, Ms Khali Natasha Mellor (Mellor).
Ms Mellor commenced employment with QPCYWA as a casual employee on 9 April 2029 and became permanent on 4 October 2021. She was made redundant from her role as an Educator at the Gleneagle OSHC on 13 December 2024 due to the closure of that service. She was engaged as a permanent employee for the purposes of redundancy for a period of 3 years and 2 months. She had an entitlement to $6,003.29 in redundancy payment.
QPCYWA submitted that Ms Mellor had been offered a suitable alternative position, being a permanent position that is classified higher than her substantive position under the applicable Enterprise Agreement as an Assistance Service Manager at the Hills OSHC. QPCYWA submitted that Ms Mellor declined this job offer.
On this basis, QPCYWA submitted that no redundancy payment should be made.
The Commission served the application on Ms Mellor on 2 January 2025 and directed that she file a response to QPCYWA’s application by 4pm 9 January 2025. Ms Mellor failed to reply.
My chambers wrote to Ms Mellor and QPCYWA on 21 January 2025 noting that I would proceed to consider the material before me and issue a decision in due course.
The submissions of QPCYWA being uncontested, I proceeded to determine the matter on the papers. In all of the circumstances I am satisfied that it is appropriate to exercise power to reduce the redundancy amount.
I have determined that the redundancy payment should be reduced to an amount of $0. An Order to that effect is issued in conjunction with this decision.
DEPUTY PRESIDENT
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