Toll Transport Pty Limited

[2021] FWC 2817

[2021] FWC 2817

FAIR WORK COMMISSION

DECISION

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

Toll Transport Pty Limited
(C2021/2418)

DEPUTY PRESIDENT BEAUMONT PERTH, 19 MAY 2021

Variation of redundancy pay.

[1] Toll Transport Pty Limited (Toll) 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 Danielle Kelly (Ms Kelly) be reduced from 12 weeks of pay to zero.

[2] On 17 May 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 Kelly’s redundancy pay to zero on the basis that Toll had obtained for Ms Kelly other acceptable employment (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

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