Ruah Community Services

[2014] FWC 4767

[2014] FWC 4767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.120 - Application to vary redundancy pay for other employment or incapacity to pay

Ruah Community Services
(C2014/5061)

COMMISSIONER CLOGHAN PERTH, 17 JULY 2014

Variation of redundancy pay.

[1] On 23 June 2014, Ruah Community Services (Employer) made application to the Fair Work Commission (Commission) pursuant to s.120 of the Fair Work Act 2009 (FW Act) to vary the redundancy pay due to Mr Jason Lim (Employee) as a consequence of the Employer reducing the hours worked per week by the Employee.

[2] The Employer provides services in the social community sector.

[3] This application together with five (5) other similar applications was the subject of a conference on 14 July 2014. The Employee attended the conference.

[4] The Employee advised the Commission that he was aware of the application, had been given a copy of the application, verified the facts set out in the application relating to a reduction of 7.6 hours per week. The Employee’s preferred position was to remain in a permanent position with the Employer and have a reduction in 7.6 ordinary hours per week.

RELEVANT STATUTORY FRAMEWORK

[5] Section 119 specifies the entitlement of the employees.

[6] Section 120 provides:

“(1) This section applies if:

(a) an employee is entitled to be paid an amount of redundancy pay by the employer because of section 119; and

(b) the employer:

(i) obtains other acceptable employment for the employee; or

(ii) cannot pay the amount.”

CONSIDERATION AND CONCLUSION

[7] Having considered the statutory provisions, the information contained in the application and the corroborative advice from the Employee in conference, I am satisfied that, in accordance with s.120(1)(b)(i) of the FW Act, I should exercise my discretion pursuant to s.120(2) of the FW Act and reduce the redundancy pay to $1,633.77 less the appropriate tax. An order will be issued to reflect this Decision.

COMMISSIONER

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