Uniting Care West (UCW) T/A Uniting Care West

[2019] FWC 2630

[2019] FWC 2630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.120—Redundancy pay

Uniting Care West (UCW) T/A Uniting Care West
(C2019/1995)

COMMISSIONER WILLIAMS PERTH, 17 APRIL 2019

Variation of redundancy pay.

[1] This decision concerns an application to vary redundancy pay under section 120 of the Fair Work Act 2009 (the Act).

[2] Section 120 applies if an employee is entitled to be paid an amount of redundancy pay by the employer because of section 119 of the Act.

[3] Section 119 says an employee is entitled to be paid redundancy pay if the employee’s employment is terminated because the employer no longer requires the job done by the employee to be done by anyone.

[4] The application indicates that the employee in question has been transferred to employment at a lower grade and her employment was not terminated.

[5] Because the employee’s employment was not terminated there is no entitlement to redundancy pay under section 119 that could be varied by the Commission. Similarly, the redundancy pay entitlement contained in clause 3.11 “What happens if a position becomes redundant?” of the applicable Uniting Care West Employee Collective Agreement 2016 only applies if an employee is terminated.

[6] In these circumstances there was not any entitlement to redundancy pay and not any entitlement that the Commission has power to vary under section 120 of the Act.

[7] The Applicant has accepted the above is the case.

[8] Consequently, in these particular circumstances this application cannot proceed and will be dismissed for want of jurisdiction.

[9] An order [PR707123] to that effect will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

<PR707122>