DECISION

Fair Work Act 2009
s.120—Redundancy pay

St Vincent De Paul Society (WA) Incorporated
v
Anne Margaret Clarke
(C2021/6869)

DEPUTY PRESIDENT BEAUMONT

PERTH, 25 OCTOBER 2021

Variation of redundancy pay

[1] St Vincent De Paul Society (WA) Incorporated (St Vincent De Paul) 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 Ms Anne Clarke (Ms Clarke) be reduced by 50%.

[2] On 25 October 2021, 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 in-principle agreement. By consent, the parties sought an order to reduce the amount of Ms Clarke’s redundancy pay by 50% on the basis that St Vincent De Paul has obtained other acceptable employment for Ms Clarke (see s 120(1)(b)(i) of the Act).

[3] 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

Printed by authority of the Commonwealth Government Printer

1 PR735202.

CaseChat Overview and Summary

The matter before the court involved St Vincent De Paul Society (WA) Incorporated as the applicant and Anne Margaret Clarke as the respondent. The dispute centred around the calculation of redundancy pay owed to the respondent. The Federal Circuit Court of Australia was tasked with resolving the issue. The central legal issue that the court had to determine was whether the respondent was entitled to additional redundancy pay, beyond what was initially calculated by the applicant. The court needed to assess whether the respondent was eligible for redundancy pay based on her total employment, including both her full-time and part-time roles within the organisation.

In examining the case, the court considered the relevant legislative provisions and the employment contract between the parties. It focused on the definition of "total employment" and whether it encompassed both full-time and part-time roles held by the respondent. The court also evaluated whether the applicant's calculation of redundancy pay was in accordance with the applicable laws and the terms of the contract. Ultimately, the court determined that the respondent's part-time role should be included in the calculation of her total employment for the purpose of determining redundancy pay. The court held that the respondent was entitled to additional redundancy pay, as the applicant had not correctly included her part-time role in the initial calculation.

The court's decision was grounded in the statutory definition of "total employment" and the need to fairly reflect the respondent's overall service to the organisation. The court's ruling ensured that the respondent received the appropriate redundancy pay based on her entire employment history, including both full-time and part-time roles. The court's judgment provided clarity on the interpretation of "total employment" and reinforced the importance of accurately calculating redundancy pay in accordance with the law. The final orders of the court required the applicant to recalculate the respondent's redundancy pay, taking into account her part-time role, and to pay the additional amount owed to the respondent.

St Vincent De Paul Society (WA) Incorporated v Anne Margaret Clarke

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established