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

[2021] FWC 6196

[2021] FWC 6196

FAIR WORK COMMISSION

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

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 1   PR735202.